Borough Council Resolution Declares State College a Transgender Sanctuary City

Borough Council on Monday unanimously adopted a resolution declaring State College a sanctuary city for transgender people with protections for those who seek gender-affirming care, including transgender and non-binary youth and their families who flee other states.

The resolution — which was initially proposed by the Centre County DSA and recommended for approval by the borough's LGBTQ Advisory Commission — comes amid an "increasing, unprecedented wave" of anti-trans legislation on a variety of fronts that has been proposed and passed around the country. Council President Evan Myers noted that on Friday the U.S. Supreme Court temporarily blocked new protections for transgender people in public schools.

"The expansion of rights in the United States is a constant struggle, but our whole history is one of expanding those rights," Council President Evan Myers said. "We're not always successful, but expanding rights of marginalized communities is our birthright. Hard-fought gains against discrimination based on race, religion, immigrant status, gender and gender identity are under attack.... We need to do all we can to protect all of those rights. We're not going back.

"So here we are ready to pass this resolution, and think of this. Having your civil rights up as a matter of public debate is one of the most dreadful things I can think of. And here we are tonight doing that. So tonight we take a stand to protect transgender rights as much as we can here in State College."

At least a dozen states and numerous cities have declared themselves sanctuaries for transgender health care in response to legislation elsewhere that has restricted or curtailed gender-affirming care. In Pennsylvania, both Philadelphia and Pittsburgh have passed safe haven resolutions.

Pennsylvania does not have restrictions on gender-affirming care. If the commonwealth were to adopt a law that imposes "criminal punishment, civil liability, administrative penalties or professional sanctions" on individuals who seek, provide or assist others in receiving such care, State College's resolution directs that "borough personnel shall make enforcement of said law or regulation their lowest priority."

The resolution also declares that the borough will not enforce such laws from out-of-state jurisdictions, and will decline requests to "arrest, detain or transfer individuals to out-of-state custody" based on such laws.

"Except as required by lawful authority," the borough will not respond to requests for information or collection of judgments related to enforcing gender-affirming care laws from other jurisdictions.

Council reaffirmed in the resolution State College's "commitment to protecting human rights for all individuals" and belief "that access to healthcare, education, and peaceful enjoyment of their lives are fundamental rights to all people in the borough."

"The Borough of State College hereby reiterates its commitment to transgender rights and equal protections for transgender community members and declares itself a safe city and sanctuary for transgender people to live and seek care," the resolution states. "The Borough of State College shall now and forever be considered a safe place, a sanctuary, a welcoming and supportive city for [LGBTQ+] individuals and their families to live in peace and comfort."

The resolution also calls on the Centre County Board of Commissioners to adopt a similar measure, and for Gov. Josh Shapiro to champion a statewide "shield law" protecting individuals who travel to Pennsylvania for gender-affirming care from a state where it is restricted.

Centre LGBT+ issued a statement after the meeting expressing support for the resolution.

This proclamation affirms the lifesaving importance of gender-affirming healthcare, strengthens local protections for transgender people and continues State College’s long standing support of the LGBT+ community," the organization wrote. "We thank the State College Borough Council for passing this resolution, as well as the community members who led the work to bring this issue to the council for consideration. Centre LGBT+ urges other municipalities in our community to adopt similar resolutions to protect transgender and nonbinary people during this time of profound challenge for the LGBT+ community.”

Michel Lee Garrett, a Centre LGBT+ board member, spoke during public comment to voice "sincere, deep and abiding gratitude," for council taking up the resolution.

"The work that you are doing here tonight is life-saving," Garrett said. "I am alive because of transition and because of the privilege of being able to access gender-affirming care. I am alive and successful and thriving in large part because State College has been a sanctuary to me where I was able to blossom into the version of myself that I was always supposed to be and that many of my trans and non-binary, genderqueer, fluid, non-conforming siblings do not have the privilege of accessing."

She was among a dozen individuals — including transgender people, family members and supporters — who spoke in favor of the resolution during public comment.

Several described their experiences as trans people in the State College community. Several said they were victims of transphobic violence, slurs and harassment. One described being harassed and intimidated by a man on the street while leaving a downtown business. Another detailed legal and medical barriers faced as a trans person, including being denied an amended birth certificate, as well as being turned down for jobs and targeted by "religious fanatics."

"We are affirming that every individual, regardless of their gender identity or expression, deserves to be treated with dignity and respect," they said. "We are committing to protect and support those who seek refuge from hatred and intolerance. ...Let us be a beacon of hope and safety for trans and non-binary individuals and their families. Let us ensure that State College remains a sanctuary where everyone can thrive."

Another speaker said it was a "failing" that council did not push the resolution forward on its own at a much earlier date.

"This is a time for our cis and heterosexual allies in this community to actually stand up and do something," they said. "Yes, pass this, but that is the least that you can do."

Jennifer Kelly said she knows State College "is better than a lot of places," but still fears for her adult children, one of whom is non-binary and one of whom is transgender.

"My trans kid is over 21 now, but I'm afraid for her to go to a bar downtown," Kelly said. "Everything feels precarious."

Ralph Oliva, a resident of Patton Township, said he is "just a citizen who's glad to be here" and urged council to continue its advocacy at the state level.

"I'm a little alarmed... that we're actually talking about and voting on human rights, rights that every human in the United States of America should be entitled to," Oliva said. And just as a citizen of this community, I'm proud that we're doing this. This is the sort of community that I believe I want to continue to live in and be part of and work in."

Council member John Hayes said he was concerned at first that the resolution would be "performative" but was pleased to see it went beyond "lip service."

"I think it actually does make a difference," Hayes said, noting his appreciation for the advisory committee and borough staff's work on the resolution. "And I think it does have actionable policy, and that's what's really important to me as a council member, is to put forward policies that borough staff can act upon to actively improve the quality of lives in our community and not just make empty gestures."

The resolution is an important first step, council member Nalini Krishnankutty said.

"Inclusion really means constantly evaluating who's left out, what more we can do, and I think this is a first step that I'm very proud of in this moment in time as anti-trans legislation is gaining momentum," Krishnankutty said. "Inclusion really means constantly evaluating who's left out, what more we can do, and I think this is a first step that I'm very proud of in this moment in time as anti-trans legislation is gaining momentum."

Council member Matt Herndon said the personal experiences related during public comment illustrated why the resolution was needed.

"I agree this resolution shouldn't really be needed but public comment tonight sadly shows just how much it is," Herndon said. "And I agree with one of the prior commenters' statements that this is really the least we can do. It's clear. The comment that we hear that this will make members of our community feel safer and more included well while not directly harming others."

Council member Kevin Kassab, who is vice chair of the Centre LGBT+ board, said he was proud of all those who spoke on behalf of the transgender community and called the resolution "dear to [his] heart."

"I'm proud of the borough. You know, sometimes it takes us a little time to get there, but we do get there," Kassab said. "And this is a great community. No human being should be afraid to be who they are."

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