Respect for Marriage Act may spur more state action to protect LGBTQ community in Pennsylvania
PITTSBURGH (KDKA) — The Respect for Marriage Act has passed both houses of Congress and awaits President Joe Biden's signature.
As KDKA-TV political editor Jon Delano explains, supporters hope this new federal law may spur Pennsylvania to enact its own legislation on marriage equality and other rights.
In two cases, Loving and Obergefell, the U.S. Supreme Court declared a constitutional right for both interracial couples and same-sex couples to marry. Now the federal Respect for Marriage Act codifies that right just in case this Republican-appointed Supreme Court changes its mind on marriage rights as it did on abortion rights.
"This federal law is incredibly important, and I know that LGBTQ2+ individuals across Pennsylvania share that sentiment," says state Rep. Jessica Benham, co-chair of the LGBTQ2+ Equality Caucus in the state House of Representatives.
Benham says under this new federal law, no state can deny recognition of a marriage performed legally in another state because of the sex, race, ethnicity or national origin of the individuals in that marriage.
"I think our fears are legitimate," Benham said. "These are scary times, uncertain times. So having those protections codified by the legislature is meaningful because it doesn't leave us to the whims of the courts."
Of course, this is a federal law. A 1996 Pennsylvania law banning same-sex marriage is still on the books, although that law was overturned by a federal judge in 2014.
Still, the state has never repealed that law or passed its own marriage equality act.
Delano: "Do you think it's time for the state legislature to enact its own marriage equality bill?"
Benham: "I think that any protections that we can enshrine into law, whether for marriage or other issues impacting LGBTQ2+ community, any protections that we can enshrine into law are good."
Pennsylvania also still does not have a law banning discrimination in employment, housing, lending, or public accommodations based on sexual orientation or identity. That's despite decades of effort by state Rep. Dan Frankel, author of House Bill 300, says Benham.
"We haven't seen those non-discrimination protections enshrined into law yet, so it's far past time. I think it's important that we ban discrimination in all forms," Benham said.
On Thursday, the state's Independent Regulatory Review Commission approved a broader definition of sex to include sexual orientation and gender identity, allowing those who feel discriminated against on that basis to file complaints with the state's Human Relations Commission.
"That's really important right now to make sure that people have recourse if people are being discriminated against. But it's possible for regulations in the future to change that definition. Without action from the legislature, there is no guarantee," says Benham.
Benham says with Democrats poised to take control of the state House, there is a greater possibility of a vote on House Bill 300 in 2023, and she says there is bipartisan support that might help anti-discrimination bills get through the Republican-controlled Senate.