‘Unfit to serve’: Pennsylvania GOP lawmaker faces resignation calls over antigay tirade about colleague

Witnesses say a Pennsylvania legislator used a homophobic slur to describe Rep. Malcolm Kenyatta during a public tirade, then falsely claimed the out lawmaker had AIDS.

Republican state Rep. Aaron Bernstine allegedly made the anti-LGBTQ+ remarks Tuesday at McGrath’s Pub, a bar in Harrisburg, in an exchange first reported by The Patriot-News. Michael Ford, secretary-treasurer of the Pennsylvania Building and Construction Trades Council, told the outlet that Bernstine directed the remarks to him.

Bernstine denied the allegations in a statement to Spotlight PA. “The allegations attributed to me are false,” he said. “This is a political attack.” He also said the original article omitted key details about the encounter.

Ford said he got into an argument with Bernstine at the bar when the GOP lawmaker started insulting both Kenyatta and Robert Bair, president of the trades council. During the exchange, Ford said Bernstine referred to Kenyatta as “gay, Black” and used a homophobic slur. Ford said Bernstine then pointed to Kenyatta’s recent weight loss and wrongly asserted it was “because he has AIDS.” Kenyatta has lost more than 100 pounds in the last four years but is not HIV-positive, according to a person familiar with Kenyatta’s personal life. Ford said the attack on Kenyatta, who was not there, shocked him.

“You could say whatever you want about me and Rob and the building trades, but when you start talking about a guy that ain’t even there in, like, a way that’s really derogatory, that’s not cool,” Ford said.

A Democratic fundraiser was being held at the bar that evening, and numerous lobbyists and politicians overheard the remarks, according to The Patriot-News. Kenyatta was not at the event. Kenyatta did not provide an on-the-record comment in response to The Advocate’s request.

Related: Gay Pennsylvania Rep. Malcolm Kenyatta wins Democratic primary for auditor general

‘Unfit to serve’: Caucus leaders demand Bernstine’s resignation

Leaders of both the Pennsylvania Legislative Black Caucus and the LGBTQ Equality Caucus called for Bernstine to resign over the alleged remarks. Kenyatta is a member of both caucuses. Rep. Napoleon Nelson chairs the Legislative Black Caucus, while Reps. Jessica Benham and Ismail Smith-Wade-El co-chair the Equality Caucus.

“We are deeply disturbed by reports of hateful, degrading, and untrue attacks directed at our friend and caucus member Rep. Malcolm Kenyatta. Such conduct is unacceptable and has no place in our legislature. Every member deserves to be treated with dignity and respect, regardless of their identity or background,” caucus leaders said in a joint statement.

“No one should have to endure personal attacks or hateful rhetoric to do their job. We will continue to stand firmly against hate, intimidation, and bullying, and to defend the dignity of every person who serves in this chamber. Representative Bernstine must be held accountable for his words and actions, which have made him unfit to serve. Our constituents deserve a legislature that takes its responsibilities seriously and holds its members to a standard of decorum and decency worthy of public service. We are calling on all House members, but especially Republican leaders, to denounce his behavior, to join us in demanding his resignation, and for Republican leaders to identify the steps they will take to guard against this kind of pathetic behavior within their caucus.”

Human Rights Campaign President Kelley Robinson also called for consequences for Bernstine.

“Rep. Malcolm Kenyatta has served honorably as the first out gay, Black man in the Pennsylvania legislature, and neither he nor any other Pennsylvanian deserve to be subjected to the kind of appalling, anti-LGBTQ+ hatred that Rep. Bernstine displayed. Rep. Bernstine should, at a minimum, face censure from his colleagues, if not outright expulsion from the legislature,” Robinson said in a statement to The Advocate.

Related: Malcolm Kenyatta on breaking barriers and making Pennsylvania Black queer history

Kenyatta has fought the HIV stigma behind the alleged attack

Kenyatta also serves as a vice chair of the Democratic National Committee. He ran unsuccessfully for U.S. Senate in 2022 and, in 2024, won the Democratic nomination for Pennsylvania auditor general. Although he ultimately lost that race to incumbent Timothy DeFoor, his primary win made him the first out LGBTQ+ candidate to win a major-party nomination for statewide office in Pennsylvania.

During his time in office, Kenyatta has fought to combat HIV stigma, including advocating for legislation enacted this year eliminating a felony enhancement for people with HIV who fail to disclose their status while engaging in prostitution.

Related: Malcolm Kenyatta says David Hogg is distorting the truth as DNC moves toward new leadership election

Republican leaders called for Bernstine’s resignation in 2020

Bernstine has faced calls to resign over his conduct before. Republican leaders in the Pennsylvania House called for his resignation in 2020 after a video became public showing the lawmaker urging his then-5-year-old son to smoke a cigar and use the word “p***y” to describe women, according to the Lebanon Daily News.

Bernstine reportedly posted those videos on social media, as well as one of him trying to get an older child to play “F***, Marry, Kill.” The lawmaker included Dolly Parton, an LGBTQ+ icon who died this year, on his personal list, but the report did not identify the category in which she fell.