News · Election 2026
Tuesday night was a good night for LGBT+ candidates in and around Philly, and it may change what is possible in Harrisburg. Pennsylvania Democrats say they flipped the state Senate for the first time in more than three decades, which would put the House, the Senate and the governor’s office in the same hands. The count is not final, so here is what is confirmed, what is only claimed, and what it could mean for us.
What is confirmed and what is claimed
Gov. Josh Shapiro won a second term over Republican Stacy Garrity. The Associated Press called that race shortly after the polls closed.
The Senate is the part still moving. Republicans went in with a 27-23 majority. Democrats say they flipped four GOP-held seats and lost one, for a net gain of three. As of Wednesday morning, though, the AP had not called two of those four, and the Inquirer’s count had the chamber tied at 24 seats each, two short of the 26 needed. If that count holds, Democrats need both of the uncalled races.
In the House, Democrats entered with a 103-100 majority and say they expanded it. The AP had not called nine races as of Wednesday morning, so treat Democratic control of Harrisburg as claimed until those are settled.
What it could mean for LGBT+ Pennsylvanians
Pennsylvania still has no statewide law protecting LGBT+ people from discrimination. The Fairness Act would add sexual orientation and gender identity to the state’s nondiscrimination protections. It has been introduced in the House every year for more than 20 years, and it passed the House in 2023. The Republican-led Senate has not taken up any of the LGBT+ bills the House has passed.
Marriage is the other open item. Pennsylvania’s 1996 same-sex marriage ban is still on the books, even though a federal court struck it down in 2014 and it has not been followed since. Philadelphia Rep. Malcolm Kenyatta’s bill to repeal it passed the House 127-72 in March. It now needs the Senate.
“Here in Pennsylvania, we believe in your freedom to marry who you love.”
Gov. Josh Shapiro, after the House vote in March
Shapiro has said he would sign the Fairness Act and repeal the marriage ban if either reaches his desk. The wall has been the Senate. In March the Inquirer reported that these bills were unlikely to ever reach him, and Democrats have cited their work on LGBT+ issues as a reason they needed a trifecta.
A Senate majority removes the wall. It does not guarantee a vote. In March, PennWatch reported the Fairness Act was sidelined in the House for lack of votes, and in the early coverage I read, the policy lists Democrats gave for a trifecta named the minimum wage, abortion rights, transit and housing. LGBT+ bills were not on them.
Nondiscrimination
Fairness Act (HB 300)
Adds sexual orientation and gender identity to the state’s nondiscrimination protections.
Marriage
HB 1800
Repeals the ban language and defines marriage as a civil contract between two individuals.
Name change
HB 1315
Drops public notice for legal name changes and adds an automatic seal for gender-affirming ones.
Hate crimes
HB 1905 and HB 1902
Expands civil penalties for targeting people over who they are, and adds hate crime training for police.
Panic defense
HB 1311
Bars the so-called panic defense in cases involving a victim’s perceived sexual orientation or gender identity.
HIV
HB 632
Removes increased penalties for people with HIV who are charged with prostitution.
The wins closer to home
Kenyatta won reelection to the 181st District, his fifth term, and he is the prime sponsor of that marriage bill.
Down in Delaware, Rep. Sarah McBride won reelection by a wide margin over Republican Joseph Arminio, who was removed from a candidate forum in September after repeatedly misgendering her. State Rep. Claire Snyder-Hall, who represents the Rehoboth Beach area, won a second term. DeShanna Neal, Delaware’s first nonbinary elected official, won reelection unopposed.
In Bucks County, WHYY reports Democrat Bob Harvie defeated Republican Brian Fitzpatrick in the 1st District. That one is not a simple scorecard for us. Fitzpatrick voted for the Equality Act and the Respect for Marriage Act, and Philadelphia Gay News reported that Harvie does not mention LGBT+ people on his campaign website.
Nationally, Chris Pappas of New Hampshire became the first out gay man elected to the U.S. Senate, beating Republican John Sununu. JoAnna Mendoza flipped Arizona’s 6th District, and Jeremy Moss won in Michigan, which will send its first out member to Congress. Governors Maura Healey in Massachusetts and Tina Kotek in Oregon, both lesbians, won reelection. The Human Rights Campaign called the night a win for equality and said voters elected a historic number of out officials.
Nothing here is law yet. A Democratic Senate majority makes a vote on the Fairness Act and the marriage bill possible. It does not make one certain. Watch for those bills moving in Harrisburg, and for the final count in the uncalled Senate races. Spotlight PA’s live results page tracks the House and Senate seat counts as they update.
Sources
- WITF and Spotlight PA: Democrats say they’ve won the Pennsylvania House and Senate, handing Shapiro a powerful trifecta (Nov. 4, 2026)
- Gettysburg Connection and Spotlight PA: Democrats say they’ve won the Pennsylvania House and Senate, handing Shapiro a powerful trifecta (Nov. 4, 2026)
- The Philadelphia Inquirer: Democrats win both the House and Senate, flipping seats in Pa. and N.J.; races yet to be called (Nov. 4, 2026)
- Pennsylvania Capital-Star: Gov. Shapiro and Democrats on the brink of a sought-after trifecta in Harrisburg (Nov. 4, 2026)
- WHYY: Pennsylvania 2026 election results (Nov. 4, 2026)
- The Advocate: Rainbow Wave 2026, see all the LGBTQ+ midterm election winners (Nov. 3, 2026)
- Human Rights Campaign: HRC on midterm election results, “Equality Wins” (Nov. 2026)
- Philadelphia Gay News: Pennsylvania’s 2026 LGBTQ+ Voter Guide, Top 10 Races (Oct. 21, 2026)
- The Philadelphia Inquirer: A Pa. House committee advanced proposals to enshrine same-sex marriage and expand hate-crime penalties, but they’re unlikely to become state law (Mar. 11, 2026)
- PennWatch: Pennsylvania House approves same-sex marriage bill, delays vote on Fairness Act (Mar. 25, 2026)
- The Advocate: Pennsylvania House approves Malcolm Kenyatta’s marriage equality bill to update outdated state law (March 2026)
- PhillyGayCalendar: Election Day Guide (Nov. 2, 2026)
