This November, Pennsylvanians find themselves in yet another historic, unprecedented election. Pennsylvania is just one of seven states to elect every single one of its judges from the magisterial district judges at the local city courthouse all the way up to the State Supreme Court Justices in partisan, political elections.
Even more unique, these judges do not run for reelection in a traditional sense; instead, they run for retention, a simple yes or no vote that allows a judge to stay in office. Currently, three PA Supreme Court Justices are facing retention votes on November 4: Christine Donohue, Kevin Dougherty, and David Wecht, along with Candidates in the Superior and Commonwealth Courts.
“The PA Supreme Court is one of the few back-stops Pennsylvanians have left protecting our numerous rights, and LGBTQ+ rights in particular. We need to Vote Yes, else the LGBTQ+ community’s equal protection under the law will be stripped away,” says Ian Price, resident of Friendship and President of the Steel City Stonewall Democrats.
So why does this matter now? Well, the way the term limits are set up for these judges, if they lose retention voting, their term expires. In the case of Supreme Court Justices, election campaigns do not immediately follow as the next election cycle would not start until 2027. Instead, the Governor must appoint someone to serve until the next election with approval from the Pennsylvania Senate.
This is why Pennsylvania is in another unprecedented election of our lifetime. On November 4th, three current Supreme Court justices are up for retention voting. If all three of the judges are not retained, the Pennsylvania Supreme Court will cease to function as we know it in Pennsylvania. The way the law is written, the governor can appoint a replacement for each justice with the approval of the Senate. Seeing how the Senate cannot perform its legislative duties and pass a budget, it is doubtful that Republicans would work with Governor Josh Shapiro to appoint three justices to the court.
If the court is out of commission, it creates a stoppage on necessary cases, reduces injunctions, creates a backlog, and prevents a necessary judicial tool for the working people of Pennsylvania. This would be essentially devastating for our queer neighbors and community members who have to rely on the courts to protect their rights, liberty, and freedoms. The mechanism for appeals and injunctions is needed to protect our most vulnerable community members.
“For queer and trans Pennsylvanians, the state Supreme Court race isn’t just another election; it’s a fight for our safety, dignity, and future. The court’s decisions will decide whether our rights are protected or stripped away, from access to gender-affirming care to our freedom to live openly and without fear. For the trans community, especially, we need protection now more than ever. This election is about choosing judges who see us not as a political debate, but as human beings with the same rights to safety, respect, and justice as anyone else. Supporting trans representation and visibility isn’t optional; it’s how we build power, demand accountability, and make sure every trans person in Pennsylvania is seen, protected, and free to exist without fear,” said Donny Donovan of Free Will Health and Wellness.
Most people know that the Supreme Court granted gay marriage at the federal level. Still, they forget that it has been the Pennsylvania Supreme Court that has been ruling to ensure the experiences of LGBT people are treated fairly in Pennsylvania. This is one reason why Republicans are trying to take over the courts so they can install judges who do not support abortion, gay marriage, queer families, and trans students who have been under attack from the Pennsylvania legislature for months.
“It shouldn’t fall to courts to decide whether people are treated equally, but too often, it does. That’s why who sits on the Pennsylvania Supreme Court matters so much because their decisions have the power to shape the daily realities of LGBTQIA+ Pennsylvanians,” said Megan Guidi, resident of East Liberty and Founder of Pittsburgh Women for Democracy.
Because Pennsylvania does not have laws on the books that prevent Queer people from discrimination based solely on their identity, LGBTQ Pennsylvanians have to use the courts to make sure they are not discriminated against in housing, business, education, and retirement. The Pennsylvania Supreme Court has worked to ensure that LGBTQIA Pennsylvanians are not treated as second-class citizens within the Commonwealth.
“If we don’t support Retention, we risk losing our right to marry, reproductive Rights, and voting rights. This is a quiet emergency. Go get your friend,” said Tracy Baton, resident of Regent Square and Director of Indivisible Pittsburgh.
This is why it’s so crucial that individuals not only vote yes to retain the three justices on November 4, but also understand how important it is to ensure we always have the best advocates for our communities in these judicial positions of power.
Honestly, it is a travesty that each election our rights and freedoms are put on the line. It is unconscionable to think that the rights we have now will disappear with just one ruling. But that is the harsh reality that we live in, and why we as queer community members cannot become disenfranchised from the electoral process.
