Original jurisdiction in case of Richard Robinson, individually and on behalf of all persons similarly situated, v. Milton J. Shapp, individually and as Governor of the Commonwealth of Pennsylvania.
Michael Hahalyak, for plaintiff.
Kathleen Herzog Larkin, Deputy Attorney General, with her Robert Rains, Deputy Attorney General, Lawrence Silver, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Wilkinson. Concurring Opinion by President Judge Bowman. Judges Crumlish, Jr., Mencer and Blatt join in this concurring opinion.
[ 23 Pa. Commw. Page 154]
This action is before us in our original jurisdiction on preliminary objections filed by the defendant to the plaintiff's complaint in equity. The complaint seeks injunctive relief to set aside the Governor's Executive Order No. 1975-5. The order is entitled "Expansion of the Commitment Toward Equal Rights" and provides:
"In furtherance of my commitment to provide leadership in the effort to obtain equal rights for all persons in Pennsylvania, I am committing this administration to work towards ending discrimination against persons solely because of their affectional or sexual preference.
"Terry Dellmuth, my Special Assistant for Human Services, and Barry Kohn, Director, Community Advocate Unit, Pennsylvania Department of Justice, are hereby assigned to review and monitor this effort. They will work with state agencies and private groups to further define the problem and make recommendations for further action.
"State departments and agencies are instructed to fully cooperate with them in the effort to end this type of discrimination."
The prayer for relief in the complaint is:
"A. That the said executive order be set aside;
[ 23 Pa. Commw. Page 155]
"B. That the Governor be enjoined from enforcing ...