By Kathy Zhang C’17
On October 14, Lambda Law — Penn Law’s LGBT student organization — and the Penn Law chapter of the American Constitution Society hosted three distinguished panelists in a discussion titled “What’s Next for the LGBTQ Movement?” at the Law School.
The panel was moderated by Penn Law student Glen Forster L’17 and featured Pennsylvania State Rep. Brian Sims, the first openly gay state legislator in Pennsylvania and co-sponsor of the Pennsylvania Fairness Act; Mary Catherine Roper, attorney at the ACLU of Pennsylvania; and Penn Law professor Seth Kreimer, a lead counsel in Whitewood v. Wolf, the case which successfully challenged Pennsylvania’s ban on same-sex marriage.
The panel began with discussion of the Pennsylvania Fairness Act. The legislation (Senate Bill 974 and House Bill 1510) would amend the state’s current nondiscrimination law (The Human Relations Act), to further include nondiscrimination on the basis of sexual orientation, gender identity, and expression.
According to Sims, LGBTQ advocates had been trying to get a similar bill (HB 300) passed for years before trying a different strategy. “This year we did something very different with the help of the ACLU and larger outside interests,” he said. “We stopped trying to appeal to the good hearts and minds of the opposition in the legislature. We even stopped making the business case for equality. We started making the campaign case for equality.”
The panelists went on to discuss their opinions on the most important issues in litigation for the LGBTQ movement. “The Constitution gives us claims for equal treatment by the government but not claims for equal treatment by private actors,” explained Mary Catherine Roper. “And that’s why we need legislative endeavors. In terms of litigation, the biggest focus is going to be on the fight over religious exemptions and free exercise — whether one’s religious views exempts you from compliance with the law.”
Professor Kreimer discussed a few cases and recent court opinions dealing with LGBTQ rights and commented, “In a number of circuits, one piece of litigation [on the agenda] is to bring to bear the understanding that discrimination on the basis of sexual orientation is as impermissible as other kinds of discrimination.”
Towards the end of the discussion, panelists commented on the important roles allies can play in helping move the LGBTQ movement forward. “As an LGBTQ person in the movement, everything we say to opponents is colored by self-interest,” said Sims. “But when you say it as a straight person, it is inherently a value statement. It makes what you say so much more powerful. If we added up all the LGBT people in this country and our allies, we’d be a significant moral majority.”
Tweets from this event:
Joining panelists @RepSims, Professor Seth Kreimer, and Mary Catherine Roper @PennLaw for a discussion of the future of the LGBTQ movement.
— Kathy Zhang (@kathyzwrites) October 14, 2015
Mary Catherine Roper and Professor Kreimer talk about what will be the future issues for the LGBTQ movement in litigation.
— Kathy Zhang (@kathyzwrites) October 14, 2015
Roper speaks on 1986 Bowers v. Hardwick, case that reached Supreme Court & was a huge blow to LGBT movement, spurring coming out movement
— Kathy Zhang (@kathyzwrites) October 14, 2015
On the power of coming out movement, “it’s much more difficult to discriminate against people you know, people you say hi to every day.”
— Kathy Zhang (@kathyzwrites) October 14, 2015
“We need bring to bear the understanding that discrimination on the basis of sexual orientation is as impermissible as other discrimination”
— Kathy Zhang (@kathyzwrites) October 14, 2015
.@RepSims speaks to audience about the power of allies in addressing LGBTQ movement opponents @PennLaw
— Kathy Zhang (@kathyzwrites) October 14, 2015
Panelists answer questions from the audience @PennLaw pic.twitter.com/uTpAjizm5w
— Kathy Zhang (@kathyzwrites) October 14, 2015