Republicans in Harrisburg this week used a rare measure to force lawmakers to vote on a bill that would prohibit transgender girls from girls' sports in schools. But state House Democrats sidestepped the vote, leaving Pittsburgh Rep. Dan Frankel, who chairs a key committee, in charge of the bill's fate.
It's a debate that opponents say amounts to bullying trans athletes, while supporters say girls need protection from competing against students born as biological boys.
Here's how the controversial bill moved from a committee focused on education, to one focused on health, angering Republicans and drawing the ire of a high-profile activist.
Procedural maneuvers
In May, state senators approved a bipartisan bill to limit trans girls to boys' school sports, but although five Democrats voted with Republicans, the measure has idled in the Democratic-controlled House.
On Monday, state House member Barb Gleim (R-Cumberland) collected enough signatures for a discharge resolution to force the bill out of the House Education committee and require a vote on the House floor as early as next week. The GOP lauded the move, with 78 representatives signing on, including Allegheny County's Jason Ortitay and Andrew Kuzma.
But on Tuesday, House Democrats used another political tool to stop the process — asking colleagues to send the bill to Frankel's Health committee, requiring Republicans to start the process over again and blocking debate on the House floor. All committee Democrats voted in favor, while all Republicans opposed. In 15 legislative days, Gleim can file another petition, but Democrats can again re-refer.
On his decision, Education Committee Chair Peter Schweyer (D-Lehigh) said the measure, first introduced by Republican Sen. Judy Ward, doesn't "better schools for every kid."
"[This bill] would not add one teacher to the classroom, repair one broken school building air conditioner, buy one new textbook, or help one kid get into college or find a good paying job," Schweyer said in a statement. "I will never support legislation that targets any at-risk community, including our LGBTQIA+ neighbors. Simply stated, SB 9 would make school harder for kids already facing serious and severe bullying."
Referral and response
Republicans in the House Education committee were livid. Cranberry Township Rep. Stephenie Scialabba called it "a strategic manipulation of rules." Lead petitioner Gleim said the move amounts to "silencing the voices of countless women and girls who compete in sports in Pennsylvania."
"There is an executive order from the federal government and our president to be adhering to the rule of law," Gleim added.
Republican committee chair Bryan Cutler echoed Gleim, referencing a recent decision by UPenn to modify swimming records set by transgender swimmer Lia Thomas after pressure from Donald Trump's administration. (Vocal conservative activist and former college swimmer Riley Gaines took to social media this week to pressure Pennsylvania lawmakers, too).
"I believe the University of Pennsylvania has successfully seen the merits of this policy and I think it's time that we do too," Cutler said. And while the Pennsylvania Interscholastic Athletic Association in March changed its guidelines on transgender student participation in sports, the state's Human Relations Commission says trans high school athletes are still protected.
But York County Republican Marc Anderson said the majority of Americans supports such a ban and believes some House Democrats would, too. Democrats only control the House by a one-vote margin.
After the committee re-referral from Education to Health, Republicans have little hope of getting the bill to Governor Josh Shapiro's desk. Frankel said as much in a statement just after the vote.
"The House Health Committee prioritizes bills that strengthen care, expand access, and protect vulnerable communities," Frankel said. "SB9 doesn't do any of those things." His committee won't be taking up the bill, he added.
A similar bill passed both chambers in 2022 but former Gov. Tom Wolf ultimately vetoed it. Shapiro's office did not immediately respond to a request asking if he, too, would veto such a bill. But in the past the governor said a comparable measure was "cruel" and discriminatory.
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