A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for prohibition against denial or abridgment of equality of rights because of sex.
Summary
HB1745 is a proposed constitutional amendment to Pennsylvania’s Equality of Rights provision. The bill would revise Article I, section 28 to state that equality of rights under the law may not be denied or abridged because of sex, while also directing the Commonwealth and its political subdivisions to recognize only two sexes, male and female, as determined by an individual’s biological sex at birth, and to recognize no concept of gender distinguishable from biological sex.
Because this is a joint resolution proposing a constitutional amendment, the measure does not itself change ordinary statutes immediately. Instead, it would require passage by the General Assembly in the constitutional amendment process, followed by public advertising and submission to Pennsylvania voters at a qualifying general or municipal election. If approved, the amendment would become part of the state constitution and could affect how state and local governments interpret sex-based classifications and related policies.
Impact
The bill would amend the Pennsylvania Constitution rather than a statute, specifically altering Article I, section 28. Its practical impact would be to embed a biological-sex definition into the state constitution and limit recognition by the Commonwealth and its political subdivisions to male and female categories. That could influence future state and local laws, regulations, and administrative policies involving sex, gender identity, records, facilities, and other sex-based classifications, depending on how the amendment is interpreted and implemented.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or vote outcomes in the materials supplied. Based on the bill text and sponsor list, the measure appears to be introduced by a group of House members likely supportive of a biologically based definition of sex in the constitution. The absence of recorded discussion means broader legislative sentiment cannot be determined from the provided record.
Contention
The central point of contention is the bill’s directive that the Commonwealth recognize only male and female sexes based on biological sex at birth and recognize no concept of gender separate from biological sex. Supporters are likely to view this as a clarification of constitutional sex equality language, while opponents would likely argue it restricts recognition of transgender and nonbinary identities and could affect civil rights protections, public accommodations, education, and government records. Because the bill is a constitutional amendment, any disagreement would also extend to whether such a policy should be embedded in the constitution at all rather than left to statute or agency rulemaking.
A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for prohibition against denial or abridgment of equality of rights because of sex.
A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for courts to be open and suits against the Commonwealth.
A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for courts to be open and suits against the Commonwealth.