It’s a bill called the “Fairness Act,” and it claims to stop discrimination. How bad can it really be?
That’s the question many Pennsylvanians are asking themselves. We’ve been hearing advocates of HB 300 continually deny any potential harm from the legislation. However, we know better. On a surface level, HB 300 may seem innocuous, but the effects of the bill would be devastating for families, safety, and freedom.
These are not hypothetical concerns. Sadly, several other states have already passed legislation almost identical to HB 300, which has been used to bulldoze private spaces for women and punish those who understand that sex is concrete and immutable.
The following FAQ outlines how far the scope of HB 300 goes and the impact it would have on your family and our communities in Pennsylvania if passed.
Overview
Q: What does HB 300 do?
House Bill 300 would amend the Pennsylvania Human Relations Act (which outlines Pennsylvania’s nondiscrimination laws in housing, employment, and public accommodations) to include sexual orientation and gender identity and expression as “protected” classes along with other classes like race and sex.
According to the Pennsylvania government website, a public accommodation includes (emphasis ours):
- “Inns, taverns, hotels, or motels.
- Restaurants, bars, or anywhere alcohol is sold.
- Drug stores, clinics, or hospitals.
- Barber shops and beauty parlors, retail stores, banks, theaters, movie theaters, racecourses, skating rinks, swimming pools, concert venues.
- Amusement and recreation parks, fairs, bowling alleys, gyms, or shooting galleries.
- Public libraries or schools.
- Stations, terminals, or airports.
- All government buildings and properties.”
As you can see, the scope under HB 300 is incredibly broad.
Women’s Sports
Q: Would HB 300 affect girls’ and women’s sports?
Yes. Even though “sports” are not explicitly mentioned in HB 300, public schools are considered public accommodations. That means policies related to gender identity would apply to school athletics.
Q: What does that mean in practice?
Legally, schools would be forced to allow boys on girls’ sports teams or else be punished for violating state law. They would be accused of discriminating based on “gender identity.” Sadly, we have already seen this exact scenario happen in other states with similar legislation. Our girls have already been vulnerable for too long, losing opportunities and risking their safety just to play the sports they love. HB 300 would only cement these wrongs and use the power of the Commonwealth to punish those who disagree.
Women’s Shelters
Photo credit: Alliance Defending Freedom
Q: Would HB 300 change who can access women’s shelters?
Women’s shelters fall under both housing and public accommodations, which are directly covered by HB 300. Canada, which has its own version of HB 300, a man who was a sex offender and self-identified as a woman was admitted to a women’s shelter. He was later convicted of sexually assaulting a female resident, raising serious concerns about safety in these spaces. Bills like HB 300 open the door wide for bad actors to ruin spaces that are essential for healing and safety.
Other reports include incidents of harassment, safety concerns, and even rape. In at least one case, a woman who raised concerns was removed from shelters instead of being protected.
Medical Field
Q: How would HB 300 impact doctors and hospitals?
Hospitals and medical providers are considered public accommodations under the law, meaning they would be required to comply with nondiscrimination rules related to gender identity.
Q: What could that mean for medical professionals?
In other states, this has led to legal pressure on doctors and hospitals to participate in or facilitate damaging sex-rejection interventions, even when those actions conflict with their ethical or religious convictions.
In California (which has its own version of HB 300), courts sided with a woman identifying as a man who took a Catholic hospital to court after it declined to perform a hysterectomy for gender-related reasons. Under the logic of HB 300, if a doctor were to perform a hysterectomy for health-related reasons like cancer or endometriosis, then refusing to do it for a woman who wants to feel like a man would be discriminating based on gender identity.
Bathrooms and Locker Rooms
Q: Does HB 300 apply to bathrooms and locker rooms?
Yes. While not explicitly named in the bill, bathrooms, locker rooms, and similar facilities are considered part of public accommodations and employment conditions.
Q: How has this been interpreted in other states?
States that added gender identity to nondiscrimination laws require access to these spaces based on gender identity rather than sex. This has led to situations where men are permitted in women’s restrooms, locker rooms, and changing areas.
Christian Schools and Religious Employers
Q: Would religious schools be affected by HB 300?
Yes, Christian schools fall under the jurisdiction of HB 300 as employers. Christian schools teach what the Bible has to say about human sexuality, marriage, and gender. Yet, HB300 requires even religious employers to hire people who stand opposed to the schools’ teaching on these issues. Other employers can hire those who share their mission, but under HB300, Christian schools would not have that freedom.
Q: What are the concerns for these schools?
In other states, similar laws have been used to challenge the ability of religious schools to hire staff who align with their beliefs about marriage and human sexuality. This destroys faith-based institutions’ ability to maintain their mission and teachings.
Pronouns and Workplace Speech
Q: Could HB 300 affect how people speak at work?
Potentially. While HB 300 does not mention pronouns, other jurisdictions have interpreted similar laws to require the use of preferred names and pronouns. For example, in New York City, enforcement guidance tied to its nondiscrimination law has been used to require employers and employees to use an individual’s preferred name and pronouns. Those who do not comply can be penalized.
Q: What does that mean for employees?
Employees in some areas have faced disciplinary action for not using requested pronouns, even when doing so conflicts with their beliefs. These interpretations often come through regulatory guidance rather than the law’s original text.
Freedom of Conscience and Small Businesses
Q: Could HB 300 affect small business owners?
Yes. Public accommodations laws apply broadly to businesses that serve the public. For example, Barronelle Stutzman, a Washington florist, faced years of legal battles and ultimately closed her business after declining to create custom arrangements for a same-sex wedding due to her religious beliefs. Another example is the case of Lorie Smith, a website designer. She challenged a similar Colorado law that would have compelled her to create custom wedding websites celebrating same-sex marriages. Ultimately, she prevailed at the U.S. Supreme Court after years of legal uncertainty.
Another example is Jack Phillips, a Colorado cake artist, who spent years in court defending his decision not to design a custom wedding cake that violated his convictions. Even when individuals eventually prevail, the legal process itself can be costly, time-consuming, and burdensome.
The Bigger Picture
Q: Why are people concerned about HB 300?
Supporters falsely present the bill as a civil rights measure. However, experiences from other states show us how far-reaching its impact will be, affecting schools, healthcare, religious freedom, privacy, and free speech.
Q: What should Pennsylvanians understand moving forward?
Laws like HB 300 can be confusing and convoluted with over 20 pages of legal jargon. However, once we understand what public accommodations are, we see how serious the implications are of adding gender identity and sexual orientation as protected classes in Pennsylvania’s nondiscrimination law.
HB 300 is not just a policy debate happening in Harrisburg. It is a proposal that could reshape how Pennsylvanians live, work, speak, and raise their families.
As voters and citizens, it is important to look beyond the bill’s title and examine how similar laws have functioned in practice. Time and again, we have seen that once these policies are enacted, their reach expands. The consequences are felt not in theory, but in classrooms, workplaces, shelters, hospitals, and everyday interactions.
Now is the time to ask questions, seek clarity, and make your voice heard. The decisions made today will shape the Commonwealth and our communities for years to come.
Header Photo: Lorie Smith, owner and founder of 303 Creative. Photo credit: Alliance Defending Freedom
HB 300 is a horrible bill and should not be passed. I pray that Pennsylvanians will look past the surface of the bill and learn what it is really about. Then they need to contact their legislators to get rid of it.