Equal Rights for ALL in Delaware!

2009 Legislative Update

SB121 - Non-discrimination bill was signed into law by Gov. Jack Markell on Thursday, July 2, 2009. This law prohibits discrimination against persons on the basis of sexual orientation in housing, employment, public works contracting, public accommodations, and insurance and grants Superior Court exclusive criminal jurisdiction over violations of equal accommodations, fair housing and employment discrimination and deletes the addition to the Recorder of Deeds' duties. For the complete bill go to: http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/SB+121?Opendocument

SB84 - De facto Parent Status bill was signed into law by Gov. Jack Markell. This Bill statutorily establishes de facto parent status in the State of Delaware by allowing the Family Court to consider evidence of a person’s assumption of parental responsibilities over a child and relationship with a child in determining the maternity and/or paternity of a child. It is intended to continue the rights and responsibilities of a de facto parent as set forth in In re: Hart, 806 A.2d 1179 (Del. Fam. 2001) without interruption. For the complete bill go to: http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/SB+84/$file/legis.html?open

HB112 Hospital & Nursing Facility Visitation bill was signed into law by Gov. Jack Markell. This law allows each competent adult patient to receive visits in a Hospital or Nursing Facility from whomever the patient or resident desires, subject to restrictions set forth in the Bill. In addition, this Bill ensures that hospitals and other healthcare facilities defined in the Bill can maintain a safe environment by restricting visitations by those who pose a threat to patients and/or staff, or could interfere with patient care or the right of other patients to enjoy a non-disruptive environment. In addition, this Bill requires the Hospital or Nursing Facility to honor advance health-care directives and any similar documents, subject to limitations set forth in the Bill. Furthermore, the Bill clarifies that hospital visitation rights created by this section do not supplant rights otherwise conferred by law. It also eliminates any inconsistency with existing visitation rights in licensed long-term care facilities while explicitly requiring adherence to advance health care directives and powers of attorney. For the complete bill go to: http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/HB+112?Opendocument

SB27 - Marriage Constitutional Amendment sponsored by Sen. Robert Venables (D) and Rep. Robert Walls (D) was soundly defeated in the Senate by a vote of 9 in favor, 11 against and 1 not voting. The bill needed a 2/3 majority to move to the House. For the complete bill go to: http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/SB+27?Opendocument

HB10 Domestic Partner Benefits for State Government Employees sponsored by Representative Terry Schooley (D) and Senator Margaret Rose Henry was assigned to the House Appropriations committee. Due to fiscal concerns, the bill was tabled at the sponsor's request. This Bill will make the domestic partner of a state of Delaware regular officer, employee or eligible pensioner entitled to the same benefits that are provided to the spouse of a state employee or pensioner. Employees of Labor Unions and Delaware Authorities and Commissions covered under the sections of the Code are also included. The State will not begin to fund the bill until fiscal year 2011, and includes only same gender partners.  For the complete bill go to: http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/HB+10?Opendocument

Existing Law & Executive Order that affect the LGBT Community

§ § 1304 Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony.

(a) Any person who commits, or attempts to commit, any crime as defined by the laws of this State, and who intentionally:

(1) Commits said crime for the purpose of interfering with the victim's free exercise or enjoyment of any right, privilege or immunity protected by the First Amendment to the United States Constitution, or commits said crime because the victim has exercised or enjoyed said rights; or (2) Selects the victim because of the victim's race, religion, color, disability, sexual orientation, national origin or ancestry, shall be guilty of a hate crime. For purposes of this section, the term "sexual orientation" means heterosexuality, bisexuality, or homosexuality.

§1041(2), Chapter 9, Title 10 of the Delaware Code Protection From Abuse Orders:

"b. Former spouses; persons cohabitating together who are holding themselves out as a couple, with or without a child in common; persons living separate and apart with a child in common; or persons in a current or former substantive dating relationship. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute a substantive dating relationship. Factors to consider for a substantive dating relationship may include the length of the relationship, or the type of relationship, or the frequency of interaction between the parties."

Executive Order Number 10

Was signed by Gov. Ruth Ann Miner in January, 2001 and established new equal opportunity hiring standards for Delaware government. WHEREAS, Delaware law and/or executive order prohibit discrimination in state employment based on gender, race, color, religion, national origin, marital status, disability, sexual orientation, or Vietnam Era veterans status; etc..

Non-discrimination Bill History

In the last ten years, six bills were introduced in the General Assembly that would prohibit discrimination against persons on the basis of "sexual orientation" in housing, employment, public works contracting, public accommodations, and insurance. Senate Bill No. 121 sponsored by Senator David P. Sokola (D), was the latest version of this bill.

Bob Martz, President of the Delaware Liberty Fund said, "It took New York State 23 years to enact their 'civil rights' legislation for gays and lesbians. I am very proud that Delaware in 2009 joined the other 20 states plus the District of Columbia which have now enacted similar legislation. California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Main, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.

Last Updated:  July 1, 2009 at 9:02PM