Beth Ann Rosica: Fairness for women — or fairness at women’s expense?

Beth Ann Rosica’s writings are a blend of news, opinion, and analysis.

Fairness is in the eye of the beholder, or perhaps — in the case of protecting women and girls —  the eye of the politician. Both the Pennsylvania Senate and House have introduced “fairness” bills; however, the real question is, “fairness for whom?”

Last week with bipartisan support, the Senate passed the Save Women’s Sports Act (SB 1293) with a 30 to 17 vote. All 26 voting Republicans with support from four commonsense Democrats passed the measure, including Sens. Lisa Boscola (D-Lehigh/Northampton), Nick Miller (D-Lehigh/Northampton), Marty Flynn (D-Lackawanna/Luzerne), and Christine Tartaglione (D-Philadelphia).

If the bill passes the House and Governor Shapiro signs it into law — both big if’s — it will be considered a win for girls and women, mandating “fairness” for female athletes. The Act will require public schools and colleges to label sports teams as male, female, or coed. The legislation states only biological females can join teams designated for women, and it would also allow students to take legal action if they are harmed by violations of this rule.

Unlike the Republican-controlled Senate, the Democratic-controlled House may not provide bipartisan support for the bill if it even makes it to the floor for a vote. Based on past actions, it is highly unlikely.

Last year, the Senate passed an almost identical bill, SB 9, only for the House to play political games by kicking it from one committee to the next. Without a committee vote to advance the bill to the full House, the bill basically languishes and dies — which is exactly what occurred.

One is left to wonder whether Shapiro is behind the political maneuvering. 

When 80 percent of Americans believe that biological men should not compete in women’s sports, Shapiro, as a presidential hopeful candidate, cannot be in a position to veto a bill if it makes it to his desk — so the safest strategy for him is to prevent the full House from voting on it. And the progressive Democrats seem all too willing to play this game on behalf of their commander.

Yet, blocking the Save Women’s Sports Act — a bill designed to create fairness for women — is not enough for some Democrats or Shapiro. 

Just last month, the House Judiciary Committee passed the Fairness Act (HB 300) along party lines with 14 Democrats voting yes and 12 Republicans voting no. This so-called Fairness Act adds sexual orientation, gender identity, and gender expression as protected classes. If passed, this legislation would codify into law the changes the Pennsylvania Human Relations Commission (PHRC) made unilaterally in 2023 when it changed the definition of sex to include these categories.

That change in language is currently being challenged in Commonwealth Court. [Author’s disclosure: I am a plaintiff in that lawsuit.]

The Fairness Act updates the PHRC Act which grants the right to freedom from discrimination in employment, housing, and public accommodation. The original Act of 1955 made sense to ensure that people were not discriminated against due to their race, age, sex, disability, etc. However, with the addition of the words “gender identity or expression,” suddenly 50 percent of the state’s population is at risk.

The Fairness Act requires businesses to allow people to use the restroom of their choice; and therefore, is only “fair” for people who want to use a bathroom that does not align with their sex. For example, if a man who identifies as a woman goes to a restaurant and wants to use the women’s bathroom, he must be allowed to do so. It would also require school districts to allow students to use the bathroom or locker room of their choosing based on their gender identity.

If this so-called fairness legislation passes the full House — which is likely — it will move to the Senate, where thankfully, it will have little chance of passing.

However, the irony is that progressive Democrats in the House — the bill was sponsored by Malcolm Kenyatta (D-Philadelphia) — believe it is “fair” to dismiss 50 percent of the state’s population: women. Similar to the 80/20 position on men in women’s sports, most Americans do not want men or boys sharing bathrooms or locker rooms with girls and women.

And most Americans include many Democrats.

Progressives have gone so far off the rails on these issues, compelling sane, normal Democrats to speak out.

Democrats for an Informed Approach to Gender (DIAG) is a grassroots organization of Democrats and liberals who do not agree with the current direction of their party. Their mission supports the protection of female-only spaces, sports, honors, and opportunities. 

“We are Democrats and politically homeless former Democrats working to end ideology-driven medicine and sex-denialism, guiding our fellow liberals back to reality and reason.”

DIAG is very much opposed to girls and women being forced to compete against boys and men or to share their bathrooms and locker rooms.

“Classifying males as females undermines the rights of girls and women to educational opportunities, fair sports competition, and privacy and safety in single sex spaces like locker rooms — rights guaranteed by Title IX.”

The prime sponsor of the Save Women’s Sports Act, Republican Senator Judy Ward (Blair, Fulton, Huntington, Juniata, Mifflin), urged House Democrats to act and protect girls and women in the Commonwealth.

“The Save Women’s Sports Act is about ensuring that female athletes have a level playing field and that the progress made throughout the past decades in women’s athletics is protected,” Ward said in a press release. “While House Democrats continue to play partisan politics instead of protecting the women of this commonwealth, Senate Republicans stand ready to provide every female athlete the opportunity they have fought so hard to achieve.”

The press release noted that since 2020 in Pennsylvania, men have stolen first place from female athletes 87 times and unjustly took second or third place 64 times.

Republican Senator Kristin Phillips-Hill (York County), a co-sponsor of the bill, championed the bipartisan work of the Senate.

“Fairness in women’s sports should never be up for debate or subject to change with shifting federal guidance,” Phillips-Hill said. “I want to thank Sen. Judy Ward for her leadership as we have continued to work together in championing this issue. The Senate has acted in a bipartisan way to ensure that in Pennsylvania, equal opportunity for female athletes is not temporary. It is guaranteed.”

Four brave Senate Democrats broke with their party to defend girls and women. Now House Democrats face a choice: follow their lead or continue putting progressive ideology ahead of fairness and common sense.

Beth Ann Rosica resides in West Chester, has a Ph.D. in Education, and has dedicated her career to advocating on behalf of at-risk children and families. She covers education issues for Broad + Liberty. Contact her at barosica@broadandliberty.com.