PA Hate Crimes Law Ruled Unconstitutional

Gov. Ed Rendell is appealing a Nov. 15 ruling by the Pennsylvania Commonwealth Court declaring unconstitutional an amendment to the state’s hate-crimes law that includes crimes committed on the basis of the victim’s sexual orientation, gender identity, gender, ancestry or mental or physical disability.

The Court ruled 5-1 that the legislative process that led to the amendment’s passage was unconstitutional, not the actual substance of the law. The ruling is the result of a lawsuit filed in 2005 by the group Repent America.

In addition to the Governor’s appeal, the state House and Senate are debating whether or not to file their own appeals. In order to do this, both party caucuses within each chamber have to agree jointly to the appeal in order for it to move forward. Either the House or the Senate (or both) can file an appeal. Watch for further updates in the coming weeks.