DALLAS — Two Republican legislators from Luzerne County are facing criticism over their votes to approve a bill to broaden protections for LGBTQ+ people that passed the Pennsylvania state House of Representatives on Tuesday.
Rep. Aaron Kaufer of Kingston and Rep. Alec Ryncavage of Plymouth were the only members of their party to vote for House Bill 300. One Democrat, Frank Burns of Cambria County, voted against the bill.
The bill passed 102-98 in the House — where Democrats have a razor-thin majority — becoming the first of its kind to see a floor vote.
The bill is the first to advance this far after years-long efforts by Democrats — though it faces strong headwinds in the Republican-controlled Senate.
Kaufer and Ryncavage have been sharply criticized on social media and by fellow Republican legislators, prompting them to explain their decisions to vote for the bill.
The two legislators participated in Friday’s Back Mountain Chamber of Commerce Legislative Breakfast, where they were asked to comment on their votes. Also at the breakfast were U.S. Rep. Dan Meuser, R-Dallas; Sen. Lisa Baker, R-Lehman Township; and Rep. Mike Cabell, R-Butler Township.
Ryncavage: ‘Live and let live’
Under House Bill 300, Kaufer and Ryncavage said it would be illegal to discriminate against LGBTQ+ people in housing, workplaces and public services. They see the version of the bill that passed the house as a defense against more “radical” measures.
An Associated Press story stated the legislation would add the categories “sexual orientation, gender identity or expression” to a law that empowers the state Human Relations Commission to investigate complaints of discrimination because of someone’s race, sex, religion, age or disability. The commission can impose civil penalties, such as back pay or damages.
“With the amended bill, I don’t believe our school locker rooms are at risk, or our doctors, or our religious institutions,” Ryncavage said. “Furthermore, Democrats have removed language which created transgender curriculum. This is a vote to live and let live and ensure our neighbors are not humiliated. These protections exist federally and through supreme court precedent — it is my belief we need to codify, not debate. Discrimination has no place in Pennsylvania.”
Ryncavage disagrees with opponents who argued that the vote puts people at risk.
“That is simply not true — or I would not have voted for it,” Ryncavage said.
“I want my constituents to remember this bill is not law,” he added. “This bill was sent to the Republican-controlled Senate, where the Senate is prepared to add further language to certify all the points I made above. Once the Senate adds clarification that all the points I outlined above are in fact true, we expect further Republican support when it comes back to the House for a final vote.”
Kaufer criticizes inaccurate arguments
Similar legislation — long supported by LGBTQ+ advocates, and even a priority of former Gov. Tom Wolf — has failed to receive a floor vote in either chamber, despite clearing committee years ago.
The AP story also said at least 22 other states have enacted similar laws, and Pennsylvania is the only state in the northeast which hasn’t codified these measures, according to data from the Human Rights Campaign.
The bill’s sponsor, Rep. Malcolm Kenyatta, D-Philadelphia, said writing those legal protections into law will give them more security than what courts or the Human Relations Commission can guarantee.
Opponents of the bill said it would force athletic teams to allow transgender athletes to play on teams that match their gender identity, or use bathrooms that correspond to their gender identity. Kenyatta said it would not.
Like Ryncavage, Kaufer said much criticism about the bill is inaccurate, and the official legislative record from the House floor reflects this.
“I expect that the Senate will strengthen and clarify the language of the bill before anything is signed into law,” Kaufer added.
The AP story stated that the bill has an uncertain future in the Senate, where Republicans hold 28-22 majority. The chamber’s Republican majority leaders for years have blocked such legislation, and the bill could be a test of Shapiro’s ability to advance campaign goals in a divided Legislature early into his first term.
A defense against regulations?
If anything, Kaufer and Ryncavage see House Bill 300 as a bulwark against other regulations that could be imposed by Democratic Gov. Josh Shapiro.
Ryncavage added: “It is my belief that passing this bill with Republican support will block any radical regulations that the Shapiro administration can still enact at any time.”
Kaufer explained that on March 23, 2022, Wolf sent Regulation #52-13 to the Independent Regulatory Review Commission for consideration and it was approved by them on Dec. 8, 2022.
That would create a new subchapter to define the terms “sex,” “race” and “religious creed” under the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act (PFEOA).
As a result, Kaufer said this regulation can be put into effect at any time by Democratic Gov. Josh Shapiro and would not include any of the guardrails as discussed in House Bill 300 as presented and voted on in the House.