In a lawsuit filed March 6, 2025, against the Pennsylvania Governor’s Office and Pennsylvania Human Relations Commission (PHRC), Thomas More Society attorneys are challenging the state’s 2023 regulatory redefinition of “sex,” which unlawfully expanded the state’s definition to include “gender identity and expression,” among other new categories. The lawsuit is being brought on behalf of two Pennsylvania school districts, South Side Area School District in Beaver County and Knoch School District in Butler, as well as several concerned parents and taxpayers.
The lawsuit asserts that the PHRC and the Governor’s Office exceeded their constitutional authority by broadening the definition of sex through regulatory measures. Thomas More Society attorneys also contend in the filing that the PHRC’s redefinition not only contradicts established biological principles but also violates the Pennsylvania Constitution’s guarantee of equal rights, which recognizes sex as a binary classification—male or female. Additionally, the lawsuit argues the PHRC’s regulatory redefinition of sex contradicts the Pennsylvania Supreme Court’s 2024 ruling in Allegheny Reproductive Health Center v. Pa. Dep’t of Human Services, in which it ruled that the Pennsylvania Constitution’s Equal Rights Amendment is premised on the binary definition of sex as “either the male or female division of a species.”
By redefining “sex” to include fluid concepts such as gender identity, sexual orientation, and personal expression, the PHRC’s regulations erode long-standing norms that shape education, family life, and public policy, replacing biological reality with subjective interpretations. The lawsuit warns that the state’s unconstitutional regulations carry with them profound implications for the preservation of equal rights and parental authority while threatening school policies on issues like bathrooms and athletics—placing districts in legal jeopardy.
Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and freedom. Headquartered in Chicago and with offices across the country, Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, please visit thomasmoresociety.org.