Hearing in Erie about PA HB 1400

By Mike Mahler

Public hearings were held in Erie Oct. 5, on PA House Bill 1400 that would amend the Pennsylvania Human Relations Act to prohibit discrimination in employment, housing and public accommodations on the basis of sexual orientation, gender identity and gender expression. The public hearing was conducted by the House State Government Committee chaired by Representative Babette Josephs (D-Philadelphia).

Several Pennsylvania State Representatives came to Erie to learn more about PA House Bill 1400. Although there are 14 municipalities in Pennsylvania (including Erie County, since 2002) that include these legal protections, there is no state or federal law which offers similar protections. The companion bill to HB 1400 in the PA Senate is SB 761.

Chairperson Josephs is a long-time ally of the GLBT community and the first state representative to advocate for the passage of laws to protect the rights of LGBT people in Pennsylvania. Attending the meeting were Rep. Josephs, Rep Flo Fabrizio (D-Erie), Rep. Pat Harkins (D-Erie), Rep Thomas Blackwell (D-Philadelphia) and Rep. Jaret Gibbons (D-Ellwood City). Additionally, Rep. John Hornman (D-Erie) sent Joy Greco, one of his staff members, to observe the proceedings. Erie County Councilmember Joe Giles was also in the audience.

Most of the speakers and audience members were supportive of the legislation. About 35-40 people attended the hearing.

Stephen Glassman, chairman of the PA Human Relations Commission and the highest ranking openly gay official in the Commonwealth, was the first person to speak. If the proposed legislation passes, his commission would be charged with investigating violations.

Glassman noted that the PHRC receives many calls about discrimination against GLBT people that they cannot investigate because they do not yet have the statutory authority to do so. He described the commission’s duties and responsibilities, its jurisdiction and history of support for various protected classes prior to federal legislation in employment, housing and public accommodations. He further discussed the compelling need to add protections on the basis of “sexual orientation and gender identity or expression” in order to make Pennsylvania competitive with 20 other states which already have non-discrimination legislation in place. All 11 PHRC Commissioners, six Republicans and five Democrats, have unanimously passed a resolution in support of HB 1400. Glassman commented that Pennsylvania’s Hate Crimes law has already been amended in 2002 to add both of these protected classes to the state’s Ethnic Intimidation and Institutional Vandalism Act.

Speaking next was a Venango County mother, Kathy Springer, whose son CJ had faced harassment in school, a case which is currently in litigation. Kathy spoke passionately about the ordeal her son had faced in school because he is gay. CJ was one of the students profiled in the recent documentary “We Belong: The Movie” by Joe Wilson which recently aired at the Erie Film Festival. The representatives were visibly moved by the testimony.

Reid McFarlane, a retired minister who is on the advisory board for the Erie County Human Relations Commission and who was one of the key people helping to pass the GLBT inclusive ordinance in 2002, addressed issues dealing with religion, since many of the objections to this sort of legislation came from religious sources.

Michael Mahler of Erie Gay News, pointed out that since passage of the GLBT inclusive Erie County ordinance in 2002, calls asking for help with discrimination issues had to be checked for the geographic location, since most areas outside of Erie County are not covered. Mahler spoke of being called by a friend who was witnessing blatant harassment of a transsexual co-worker. The friend spoke one on one with someone from her Human Resources department after being informed by Mahler that Erie County covered this type of discrimination. He noted that a workplace that is hostile affects more than just the people being targeted.

Doris Cipolla, a public school teacher for her entire career, spoke movingly about having to remain closeted for 35 years with her partner. Cipolla also reported harassment by her neighbors and having to install a security system at significant personal cost to her and her partner which is another aspect of discrimination.

Diane Gramley of the American Family Association’s Pennsylvania chapter was the only speaker to oppose the adoption of HB 1400. Rep. Blackwell expressed doubts that all of her claims were factual, and he also said that he saw the issue as being more about defending human rights than about “promoting a lifestyle.”

At one point, Gramley claimed there had never been a study suggesting there was a genetic/biological determinant for sexual orientation. However, one of the first studies on the linkage between DNA markers on the X chromosome and male sexual orientation was done by Dean Hamer, who published his in the journal Science study entitled 1993. Hamer is the partner of “We Belong” filmmaker Joe Wilson and was in the hearing room filming Gramley for a documentary at the time that she made that statement.

Maureen Koseff, NWPA representative for Parents, Friends and Families of Gays (PFLAG), talked about her experiences as the mother of a gay son and the discrimination her son had encountered in the workplace.

Dave Martin of Venango County, spoke next about his family’s long history of fighting for civil rights, and about townspeople sending in letters and emails calling for his employer to fire him as an openly gay man. Martin also said that because of living in a rural area, he frequently receives hostile calls and emails.

Concluding the hearing was Susan Woodland, president of the NWPA chapter of the National Organization for Women. Woodland pointed out that previous moves to include race and gender in civil rights laws had been met with many of the same dire claims that the current proposed legislation has encountered based upon similar stereotypes and cultural biases.

People and businesses who support HB 1400 should write to their representatives urging them to vote in favor of this legislation. Readers can go to www.equalitypa.org to identify their elected officials and to obtain their contact information.

Jake Kaskey’s article tells Pennsylvanians what they can do to make sure these protections become law. Please check it out!

Photos

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