South Side Area School District, et al. v. Office of the Governor of the Commonwealth of Pennsylvania and Pennsylvania Human Relations Commission

On March 6, 2025, Thomas More Society attorneys filed a lawsuit against the Pennsylvania Governor’s Office and Pennsylvania Human Relations Commission (PHRC), 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 alleges 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.