WHEREAS, the Philadelphia Bar Association supports the rights and legal protections for all members of the LGBTQIA+ community including the transgender community, supports the protection of civil rights and the elimination of wrongful discrimination, and is committed to advancing the fair and effective administration of justice; and

WHEREAS, the Association has a longstanding history of supporting the rights of transgender individuals; and

WHEREAS, on September 26, 1991, the Board adopted a resolution supporting amendment of the state's Ethnic Intimidation Act to include enhanced punishment for crimes motivated by animus based on sexual orientation or perception of sexual orientation; and

WHEREAS, on September 30, 1999, the Board adopted a resolution supporting the adoption of state and federal legislation to include protections from discrimination on the basis of sexual orientation or gender identity; and

WHEREAS, on March 21, 2002, the Board adopted a resolution supporting the amendment of the Philadelphia Code to include gender identity as a prohibited basis for discrimination in employment, housing, and public accommodations; and

WHEREAS, on April 29, 2021, the Board adopted a resolution opposing House Bill 972, Printer’s No. 1133, and any similar legislation that would have the intent or effect of barring women and girls who are transgender or intersex from participating in women’s scholastic sports, or otherwise discriminating against them based on their transgender identity and sex; and

WHEREAS, on August 26, 2021, the Board adopted a resolution supporting, H.R. 5, known as the Equality Act, and any similar legislation that would provide expanded federal protections to LGBTQ+ individuals, those who are perceived as LGBTQ+ and those who are associated with LGBTQ+ individuals; and

WHEREAS, on March 18, 2025, the Board adopted a resolution opposing the Trump

Administration’s ban on transgender servicemembers; and

WHEREAS, the Prior Resolutions made the Association’s position in support of protections for the transgender community clear; and

WHEREAS, since January 2025, President Donald J. Trump and his Administration have issued numerous executive orders, proclamations, letters, memoranda, and policy changes specifically targeting transgender individuals, and aimed at erasing the history of the transgender community, removing access to gender-affirming healthcare, creating a chilling effect on medical providers performing gender-affirming healthcare, and removing legal protections for the transgender community, including but not limited to the following (a number of which have already been struck down by federal courts):

• on January 20, 2025, President Donald J. Trump rescinded prior Executive Orders and Actions of President Joseph R. Biden that addressed LGBTQ+ equity including “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation” (Executive Order 13988) and “Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals” (Executive Order 14075), as well as the order establishing the White House Gender Policy Council (Executive Order 14020) and several orders related to diversity, equity, and inclusion and orders related to nondiscrimination and equity in schools;
• on January 20, 2025, President Trump issued an Executive Order called, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to The Federal Government,” that directed at all federal agencies to define sex as an immutable binary biological classification and remove recognition of the concept of gender identity, including in sex protections, agency operations, and affecting how federal documents are issued to citizens;
• on January 27, 2025, President Trump executed an executive order titled “Prioritizing Military Excellence and Readiness” banning transgender servicemembers from serving in the military;
• on January 28, 2025, President Donald J. Trump executed an executive order titled, “Protecting Children From Chemical and Surgical Mutilation,” that directs agencies and programs to significantly limit access to gender affirming care for young people nationwide;
• on February 7, 2025, President Donald J. Trump sent a letter to the Supreme Court of the United States, “[t]o notify the Court that the government’s previously stated views” on a case challenging a state’s ban on gender affirming care ‘no longer represents the United States’ position.’”;
• on March 5, 2025, President Donald J. Trump issued a memorandum titled, “Quality and Safety Special Alert Memo on Provision of Gender Affirming Care to Children,” to alert medical providers to the administration’s approach to children’s access to gender affirming care and serve as notice “that CMS may begin taking steps in the future to align policy, including CMS-regulated provider requirements and agreements . . .” to limit such care;
• on April 3, 2025, President Trump issued a proclamation titled, “National Child Abuse Prevention Month, 2025,” that conflated gender-affirming medical care with child abuse;
• beginning in 2025, the U.S. Department of Health and Human Services (“HHS”) began taking steps to encourage states to restrict gender-affirming care within their state Medicaid programs and suggesting that not doing so could put them out of compliance with federal law; HHS issued a report on “gender dysphoria” citing “significant risks” of medical transition, departing from most medical associations and widely used guidelines in the U.S; and began attempting to collect information from medical providers on gender-affirming healthcare services;
• on December 18, 2025, HHS Secretary Robert Kennedy issued a declaration stating gender affirming care for minors is not within professionally recognized standards and asserting HHS may exclude providers from federal health care programs;
• beginning in 2025, the Trump Administration began restricting health insurance coverage for gender-affirming care for federal employees; and
• on February 19, 2026, the Federal Bureau of Prisons issued guidance restricting the Bureau of Prisons from providing surgical and hormonal medical services related to gender affirming care; and

WHEREAS, since January 2025, President Donald J. Trump and his Administration through their actions have effectively declared that transgender individuals do not exist, erased references to transgender individuals and the transgender community from government websites, removed references to transgender individuals from national monuments, shut down a crisis line for LGBTQIA+ youth, banned transgender servicemembers from serving in the military, changed policies for federal prisons on housing transgender inmates, changed policies for gender markers on federal documents, and made numerous significant efforts to reduce access to gender-affirming healthcare; and

WHEREAS, the need to enshrine protections for the transgender community into Pennsylvania law is at an all-time high due to these efforts to erase and remove legal protections for the transgender community; and

WHEREAS, on April 22, 2026, the Pennsylvania Senate passed Senate Bill 1293, Printer’s Number 1598, known as the “Fairness in Women's Sports Act,” which would require sport activities in public institutions of higher education and public school entities to be expressly designated male, female, or coed, and which would create a private cause of action for individuals who claim to be harmed by these designations; and

WHEREAS, Senate Bill 1293, Printer’s Number 1598 would exclude all women and girls who are transgender, and many women and girls who are intersex, from being eligible to participate in scholastic sports with other women and girls;

WHEREAS, Senate Bill 1293, Printer’s Number 1598 would exclude all men and boys who are transgender, and many men and boys who are intersex, from being eligible to participate in scholastic sports with other men and boys; and

WHEREAS, Senate Bill 1293, Printer’s Number 1598 would effectively prohibit transgender athletes from participating in sports activities; and

NOW THEREFORE, BE IT RESOLVED, that the Philadelphia Bar Association reiterates its support of transgender individuals’ right to participate in scholastic sports activities, as explained in detail in its 2021 Resolution opposing House Bill 972, Printer’s No. 1133, and any similar legislation; and

BE IT FURTHER RESOLVED, that the Philadelphia Bar Association calls upon the Pennsylvania House of Representatives to oppose Senate Bill 1293, Printer’s Number 1598, and any similar legislation that would have the intent or effect of barring transgender or intersex people from participating in scholastic sports, or otherwise discriminating against individuals based on their transgender identity, their gender identity, or their sex; and

BE IT FURTHER RESOLVED, that the Philadelphia Bar Association authorizes the Chancellor and/or the Chancellor’s designee(s) to communicate the contents of this resolution to the members of the Pennsylvania General Assembly, and other government officials, bar associations, the legal profession, the media, and the public and take any and all additional action that is necessary to effectuate this resolution.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
Adopted: May 21, 2026