SEPTA is not subject to a Philadelphia ordinance forbidding discrimination based on sexual orientation, a divided Pennsylvania Supreme Court has ruled.

The justices ruled 4-3 in Southeastern Pennsylvania Transportation Authority v. City of Philadelphia to affirm a Commonwealth Court decision that had said the transit authority was not subject to the city’s Fair Practices Ordinance, but only state anti-discrimination rules, which do not ban discrimination for sexual orientation, gender identity, genetic information or domestic violence status.