Pennsylvania House Bill 300, which would add language to the existing PA Human Relations Act making discrimination against gay, lesbian, bisexual, and transgender citizens illegal in Pennsylvania, should not be supported. It is bad legislation.
HB 300 is bad legislation because the language is discriminatory in itself. Although not mentioned explicitly, the addition of the phrases “sexual orientation” and “gender identity or expression,” presupposes that the discrimination is being done by someone not identified as a member of those groups, namely heterosexuals. If a gay manager fires a transgender employee or if a lesbian manager fires a heterosexual employee, would these firings be considered discriminatory? Maybe yes, maybe no. The language in HB 300 assumes that since gays, lesbians, bisexuals and transgenders are within the same identity group (sexual preference or expression), then it couldn’t be discrimination. However, in the second example, the heterosexual being fired by the lesbian manager would not protect the heterosexual on an equal basis because they are outside each other’s group definition. A law that does not apply to all people equally is unfair and unconstitutional.

The Editor