Pennsylvania school districts sue state over sex redefinition

Two years after Pennsylvania redefined “sex” to include “gender identity,” two school districts are suing.

The Thomas More Society (TMS) filed a lawsuit against Gov. Josh Shapiro’s office and the Pennsylvania Human Relations Commission (PHRC) over the state’s inclusion of “gender identity and expression” when it legally redefined “sex” in state law in 2023, the Society said in a press release. State law used to base “sex” on biology, rather than so-called gender identity.

The South Side Area School District in Hookstown has over 900 students, while Knoch School District in Saxonburg has over 2,000 students; both districts are near Pittsburgh.

The plaintiffs argue the redefinition violates the state constitution’s equal rights protections.

“This regulatory redefinition of reality is a blatant example of government bureaucrats overstepping their authority to push gender ideology,” TMS special counsel Thomas King said in the release. “The Human Relations Commission wasn’t elected by anybody, nor were they ever authorized by the Legislature to do this.” 

The Society argues that PHRC’s work redefining sex ignores biological sex and will result in males using girls’ locker rooms and participating on girls’ sports teams. 

The plaintiffs want the court to declare the redefinition unconstitutional and invalidate it. 

“We are proud to stand with these brave school districts and families to demand accountability and restore the rule of law,” King said. 

Though legacy media outlets often label Shapiro a moderate, he sides with liberals on education and gender issues. 

Notably, he scrapped plans for $100 million in private school scholarships in 2023, despite having supported it on the campaign trail. He also called efforts to prevent males from competing in women’s sports “cruel” in 2021. 

“This bill is nothing more than cruel, designed to discriminate against transgender youth who just want to play sports like their peers,” the Democrat posted on X in 2021. 

The lawsuit against Shapiro comes as he faces another scandal. 

A recent court transcript revealed the governor’s office said the state deleted internal emails sent and received by a Legislative Affairs Office deputy aide in 2023 who reported sexual misconduct by a colleague, The Center Square reports. 

In late 2023, a news organization made a public records request asking for emails and internal documents sent between March 2 and March 10, 2023, the final week the aide worked for the administration after filing a complaint and resigning. 

The complaint alleged that Mike Vereb, Shapiro’s former secretary of legislative affairs, retaliated against an employee for reporting his inappropriate comments. Six months later, Vereb resigned – shortly after a $295,000 settlement with the ex-employee became public knowledge. 

Shapiro, who was being considered for vice president on the Democrat ticket in 2024 and may be building his resume for 2028, has faced criticism from Republicans over his administration’s handling of the issue. 

“Shapiro has had every opportunity to step up and do the right thing, and he has failed every time. Leadership and culture start at the top,” Sen. Kim Ward, R-Greensburg, told the Center Square. “Shapiro’s excuse that he didn’t know until months after two of his top advisors were named in a sexual harassment complaint by an employee in his own office is simply not believable.”