Philadelphia Sanctuary Legislation

May–October 2023
Draft text with annotations

The US is facing a terroristic wave of anti-trans legislation, promoted and organized by a dedicated group of conservative and far right activists. Their explicit strategy is to ratchet jurisdictions from wedge issues like youth sports to care bans on trans youth, then to care bans for trans adults and the end of all legal status.

Working with a small, informal group of trans Philadelphians in 2023, Outwith Studio drafted a first draft of “sanctuary” legislation to protect trans people in Philadelphia. If passed, the law would prevent cooperation by City employees or contractors in the enforcement of anti-trans laws. After some discussion, the bill was expanded to include protections for LGBTQ+ people generally, for reproductive healthcare (including but not limited to abortion), and interracial marriage—all of which remain under attack.

This draft law is meant as an opening shot in the legislative process. Its specific mechanisms are perhaps inflammatory, if still legitimate. The bill bans from aiding the enforcement of laws against certain activities, specifies the contours of administrative enforcement, and enables all workers, businesses, and property owners who pay taxes to the City to seek damages. The propriety of these provisions is not the point, but a message that the people of Philadelphia will seek to maximize pain for those who enable a far-right insurgency.

Citing the political situation after Mayor Kenney’s sanctuary executive order in October 2023, the effort was retired.