- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- Varies by Region
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Surveys in Pennsylvania have shown mixed views towards LGBTQ+ rights and issues.
OPPOSE
SUPPORT
Do you think same-sex marriage should be allowed in Pennsylvania, or not?
(Public Policy Polling , 2015)
Do you agree or disagree with the court ruling in Pennsylvania this week that legalized gay marriage?
(Public Policy Poling, 2014)
Do you agree or disagree with Governor Corbett’s decision not to appeal the court ruling on gay marriage?
(Public Policy Polling, 2014)
Has the legalization of gay marriage in Pennsylvania had a positive or negative impact on your life, or has it not had any impact at all?
(Public Policy Polling, 2014)
Perception of LGBTQ+ People
Survey results from 12 LGBTQ+ Equaldex users who lived in or visited Pennsylvania.
Overall
Perceived Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Homosexual activity in Pennsylvania is legal.
Current status
Since May 30, 1980
Sep 22, 1676–Dec 7, 1682
Illegal (death penalty as punishment)
In 1676, the Duke of York established his laws in Pennsylvania and Delaware, which included capital punishment for the crime of sodomy.
Same-sex marriage in Pennsylvania is legal.
Current status
Since May 20, 2014
Legal
In 2014, U.S. District Judge John E. Jones III, appointed by President George W. Bush, ruled in favor of allowing same-sex couples to marry and struck down Pennsylvania's ban on gay marriage.
Banned
In 1996, a statute defining marriage as between one man and one woman came into effect. Part of the statue read: "A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth."
Censorship of LGBT issues in Pennsylvania is no censorship.
Current status
No censorship
There are currently no laws in Pennsylvania that prohibit the discussion of LGBTQIA+ Topics.
Section 7 of the Pennsylvania Constitution guarantees that
"The free communication of thoughts and opinions is one of the invaluable rights of man "
Section 7 of the Pennsylvania Constitution guarantees that
"The free communication of thoughts and opinions is one of the invaluable rights of man "
Right to change legal gender in Pennsylvania is legal, but requires medical diagnosis.
Current status
Since Aug 8, 2016
Legal, but requires medical diagnosis
Under Pennsylvania’s new policy, which is similar to the process for updating gender markers on US passports, proof of sex reassignment surgery is no longer a requirement in changing one’s gender on their birth certificate. Individuals with a Pennsylvania birth certificate can update the gender by having their physician submit a letter stating that they have had appropriate clinical treatment for gender transition. Information about specific treatment is not required, but it can include counseling related to gender identity or living in accordance with their gender identity.
Gender-affirming care in Pennsylvania is legal.
Current status
Legal
The Commonwealth of Pennsylvania does not have any laws targeting or protecting gender-affirming care. However, in Philadelphia, previous mayor James Kenny signed an Order in 2023 that protects gender-affirming care.
LGBT discrimination in Pennsylvania is varies by region.
Current status
Varies by Region
Discrimination based on sexual orientation and gender identity isn't explicitly prohibited at the state level, but certain cities and counties like Philadelphia, Pittsburgh, Allentown, Erie, and Reading have enacted bans against such discrimination.
LGBT employment discrimination in Pennsylvania is sexual orientation and gender identity.
Current status
Since Aug 2, 2018
Sexual orientation and gender identity
In August of 2018, the Pennsylvania Human Relations Commission ruled that sexual orientation and gender identity were both protected under state law from employment discrimination.
On June 15th, 2020, the Supreme Court of the United States ruled that discrimination in employment based on sexual orientation or gender identity is illegal under Title VII of the Civil Rights Act of 1964, classified as sex discrimination.
On June 15th, 2020, the Supreme Court of the United States ruled that discrimination in employment based on sexual orientation or gender identity is illegal under Title VII of the Civil Rights Act of 1964, classified as sex discrimination.
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. No protections existed at the state level.
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels.
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination). No protections existed statewide.
LGBT housing discrimination in Pennsylvania is sexual orientation and gender identity.
Current status
Since Dec 8, 2022
Sexual orientation and gender identity
The Pennsylvania Human Relations Act bans discrimination in hiring, firing, housing, and schooling on the basis of sex. In December 2022, with implemented legally-binding regulations the sex option also explicitly includes sexual orientation and gender identity.
Until Dec 7, 2022
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in Pennsylvania is legal.
Current status
Since 2002
Legal
Any individual may petition for single parent or joint adoption. Second-parent adoption is permitted via case law referenced below.
Intersex infant surgery in Pennsylvania is not banned.
Current status
Not banned
Surgery on intersex infant surgery is not prohibited in Pennsylvania and the proposed ban on gender-affirming care included a specific exemption for this kind of surgery.
Serving openly in military in Pennsylvania is legal.
Current status
Since Mar 18, 2025
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Secretary of Defense Pete Hegseth filed in court a memo on February 10th, 2025 relating to President Trump’s executive order from the previous month.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
Legal under federal United States law
President Joe Biden removed former President Donald Trump’s ban on transgender people serving in the military, and transgender people are still allowed to serve as of 2025.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Pennsylvania is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Pennsylvania is banned.
Current status
Since Aug 16, 2022
Banned
On August 16, 2022, Pennsylvania governor signed an executive order against conversion therapy.
While not a full on ban, it forbids providers from receiving any government funds or reimbursement for such practices and offers ways to denounce any providers who partake in it.
While not a full on ban, it forbids providers from receiving any government funds or reimbursement for such practices and offers ways to denounce any providers who partake in it.
Until Dec 31, 2016
Not banned
Conversion Therapy is currently legal. However, organizations such as the American Psychological Association denounce it.
Equal age of consent in Pennsylvania is equal.
Current status
Since May 30, 1980
Equal
The Age of consent in Pennsylvania is 16, and the laws applies equally regardless of gender or orientation.
United States Equality Rank
-
#19 Michigan81
-
#20 Hawaii78
-
#21 Puerto Rico78
-
#22 Pennsylvania78
-
#23 Virginia76
-
#24 Delaware75
-
#25 Ohio74
#163
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