Pennsylvania
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| LGBT rights in Pennsylvania | |
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 Pennsylvania (US) |
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| Same-sex sexual activity legal? | Legal since 1980 (Legislative repeal in 1995) |
| Gender identity/expression | Transgender individuals allowed to change legal gender on birth certificate and driver's license. |
| Recognition of relationships |
Same-sex unions not performable or recognized in the state. |
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Restrictions:
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Same-sex marriage banned by statute. |
| Adoption | Gay/Lesbian individual and couple adoption is allowed. Second-parent adoption is also permitted. |
| Discrimination protections | No statewide protection for sexual orientation or gender identity. Executive order is in place to protect state employees from this discrimination though. |
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Pennsylvania face some legal challenges and discrimination not experienced by non-LGBT residents. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples. In small cities and rural areas a person could experience homophobic attitudes.Pennsylvania is one of the few northern states without any form of same-sex recognition laws.
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[edit] Law regarding same-sex sexual activity
Pennsylvania has repealed its sodomy statutes incrementally. In 1972, legislation legalized consensual sodomy for heterosexual married couples. In 1980, the Supreme Court of Pennsylvania ruling in Commonwealth v. Bonadio found Pennsylvania's sodomy law unconstitutional as violating the equal protection guarantees of both the state and federal constitutions.[1] Pennsylvania repealed its remaining sodomy laws in 1995.
[edit] Recognition of same-sex relationships
Pennsylvania does not recognize same-sex marriages, civil unions, or domestic partnerships, although attempts have been made in recent years to allow for such unions, as well as several measures that would block such legislation, such as amending the State Constitution to prohibit same-sex marriage.
Philadelphia offers a domestic partnership registry to residents of the city or couples with at least one partner employed by the city.[2] Pittsburgh provides for domestic partnerships, which have no residency requirement and are limited to same-sex couples.[3]
[edit] Parenting and adoption
Pennsylvania allows a single person to adopt without respect to sexual orientation.[4]
Until 2002, Pennsylvania did not permit second-parent adoption by a person of the same sex as the first parent were. A 6-0 ruling by the Supreme Court of Pennsylvania established the right of same-sex couples to second-parent adoptions.[5] No statute prohibits a same-sex couple from adopting a child jointly.[4]
[edit] Hate crime legislation
Pennsylvania passed an hate crime law in 2002 that covered LGBT people,[6] but the Pennsylvania Supreme Court struck it down in 2008 on a technicality: the bill's purpose changed during the legislative process, which violates the Pennsylvania Constitution.[7] Legislation was introduced in March 2009 to reinstate the law, but it did not make it out of committee.[8]
[edit] Discrimination protection
There is no statewide law protecting LGBT individuals from workplace discrimination. But, in 1975 Pennsylvania became the first US state to enact an executive order for discrimination protection of sexual orientation in state employment.[9] In 2003, gender identity was added to this executive order and the order has been reissued by every following governor.
[edit] Gender reassignment
Sex and gender changes are legal in the state.
[edit] Summary table
| Homosexuality legal |  (since 1980) |
| Gays allowed to serve in the military | (since 2011) |
| Equal age of consent | |
| Homosexuality declassified as an illness | (since 1973) |
| Anti-discrimination laws for sexual orientation |  |
| Anti-discrimination laws for gender identity or expression | ( depends) |
| Recognition of same-sex couples as domestic partners | (except in Philadelphia, Harrisburg, and Pittsburgh) |
| Step adoption by same-sex couples | (since 2002) |
| Joint adoption by same-sex couples |  |
| Access to IVF for lesbians | |
| Same-sex marriages | |
| MSMs allowed to donate blood | |
[edit] References
- ↑ Shaman, Jeffrey M. (2008). Equality and Liberty in the Golden Age of State Constitutional Law. NY: Oxford University Press. p. 213.
- ↑ Domestic Partnerships
- ↑ "Ravenstahl Signs Legislation For Domestic Partner Registry". WTAE. June 22, 2008. Retrieved January 25, 2013.
- ↑ 4.0 4.1 "Pennsylvania Adoption Law". State Laws & Legislation. Retrieved January 25, 2013.
- ↑ "Pennsylvania: Gay Adoption Victory". New York Times. August 24, 2002. Retrieved January 25, 2013.
- ↑ "National Gay and Lesbian Task Force Applauds Governor Schweiker for Signing Bill Adding Sexual Orientation and Gender Identity To Existing Classes, December 3, 2002". Pennsylvania Expands Hate Crimes Law. National Gay and Lesbian Task Force. Retrieved January 25, 2013.
- ↑ Jalsevac, John (July 25, 2008). "Pennsylvania Supreme Court Rules that Homosexual ‘Hate Crimes’ Law Violates Pennsylvania Constitutio". LifeSiteNews. Retrieved January 25, 2013.
- ↑ http://www.legis.state.pa.us/cfdocs/billinfo/bill_history.cfm?syear=2009&sind=0&body=H&type=B&bn=745 House Bill 745]
- ↑ Rimmerman, Craig A., Kenneth D. Wald, Clyde Wilcox. (2000). In The Politics of Gay Rights. The University of Chicago Press. p. 272. ISBN 0-226-71999-5. Google Book Search. Retrieved on January 23, 2011.
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[edit] References
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- ↑ Shaman, Jeffrey M. (2008). Equality and Liberty in the Golden Age of State Constitutional Law. NY: Oxford University Press. p. 213.
- ↑ Domestic Partnerships
- ↑ "Ravenstahl Signs Legislation For Domestic Partner Registry". WTAE. June 22, 2008. Retrieved January 25, 2013.
- ↑ 4.0 4.1 "Pennsylvania Adoption Law". State Laws & Legislation. Retrieved January 25, 2013.
- ↑ "Pennsylvania: Gay Adoption Victory". New York Times. August 24, 2002. Retrieved January 25, 2013.
- ↑ "National Gay and Lesbian Task Force Applauds Governor Schweiker for Signing Bill Adding Sexual Orientation and Gender Identity To Existing Classes, December 3, 2002". Pennsylvania Expands Hate Crimes Law. National Gay and Lesbian Task Force. Retrieved January 25, 2013.
- ↑ Jalsevac, John (July 25, 2008). "Pennsylvania Supreme Court Rules that Homosexual ‘Hate Crimes’ Law Violates Pennsylvania Constitutio". LifeSiteNews. Retrieved January 25, 2013.
- ↑ http://www.legis.state.pa.us/cfdocs/billinfo/bill_history.cfm?syear=2009&sind=0&body=H&type=B&bn=745 House Bill 745]
- ↑ Rimmerman, Craig A., Kenneth D. Wald, Clyde Wilcox. (2000). In The Politics of Gay Rights. The University of Chicago Press. p. 272. ISBN 0-226-71999-5. Google Book Search. Retrieved on January 23, 2011.
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