A VOICE FOR HUMAN RIGHTS

Delaware Liberty Fund is a political action committee which surveys candidates for state and local office on GLBT issues, publishes a voter guide for the GLBT community, endorses candidates and contributes money to their campaigns.

Equal Rights for ALL in Delaware!

2008 Legislative Update

The Delaware General Assembly has adjourned until January, 2008. The EQUAL RIGHTS for ALL in Delaware coalition was disappointed that several key pieces of legislation never made it to a vote in either the House or the Senate (SB141, SB10 and HB167). These bills will be taken up again when the 2008 session convenes.

SB57 – Protection from Abuse Orders sponsored by Senator Patricia Blevins (D) and Representative Deborah Hudson (R) was signed into law by Governor Ruth Ann Minner (D). This Act amends the definition of parties considered protected under the State’s domestic violence statute. The change is intended to reflect substantive relationships not previously included under the law. The bill passed in the Senate by a vote of 20-0 with 1 absent. The House vote was 34-0 with 4 not voting and 3 absent.

SB141 – Non-discrimination sponsored by Senator David Sokola (D) and William Oberle (R) was assigned to the Insurance and Elections Committee in the Senate. A public hearing was held in June. Although a vote was not called for, the committee is split with Senators Blevins, McDowell and Sokola in favor, and Senators Cook, Copland, and Still opposed. Four members of the committee are needed to release the bill to the full Senate. Previous versions of this bill were passed in the House in 2001 (HB99), 2003 (HB99) and 2005 (HB36). This Bill will prohibit 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.

SB10 Domestic Partner Benefits for State Government Employees sponsored by Senator Margaret Rose Henry (D) and Representative Helene Keeley (D) was assigned to the Finance Committee Chaired by Senator Nance Cook (D). The bill was stalled in committee – no hearing was held, and Sen. Cook declined to release the bill because of budget concerns and the $600,000 + needed to fund the bill in 2008. 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.

HB167 Hospital Visitation sponsored by Representative Diana McWilliams (D) was assigned to the House Administration Committee and was reported out of committee by a vote of 9-0. This bill allows each adult patient to receive visits in a Hospital from any individual from whom the patient desires to receive visits, subject to certain restrictions contained in the Hospital’s visitation policy related to the patient’s medical condition, the number of visitors permitted in the patient’s room simultaneously, and the Hospital’s visitation hours. In addition, this bill requires the Hospital to honor advance health-care directives and any similar documents, subject to certain limitations set forth in the bill.

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 enjoymen 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.

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..

Senate Bill No. 141

In the last eight years, four bills have been 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. 141 sponsored by Senator David P. Sokola (D) Newark and Representative William Oberle (R) Beechers Lot, is the latest version of this bill. Ten Senators have signed on sponsors (six Democrats and four Republicans). Eighteen Representatives are sponsors (fifteen Democrats and three Republicans).

The bill has been assigned to the Elections and Insurance Committee chaired by Senator Patricia M. Blevins (D) Elsmere a co-sponsor of the bill. A public hearing on the bill is scheduled for Wednesday, June 20^th at 1:00 PM. Four of the six Senators on the committee must vote to release the bill for it to go to the full Senate. Committee members include Senators: Nancy W. Cook (D), Charles L. Copeland (R), Harris B. McDowell (D), David P. Sokola (D) and John Still (R).

The House voted in favor of HB99 in 2001 and 2003. HB 36 was passed by the House on March 24, 2005 by a vote of 22 to 18 (13 democrats and 9 republicans voted in favor of the bill). In previous years, these bills never came up for a vote in the Senate.

SB 141 has the support of the Democratic Party of Delaware; Ruth Ann Minner, Governor (D); John Carney (D), Lt. Governor, Joseph R. (Beau) Bidden III (D), Attorney General, Jack Markell (D), State Treasurer; Matt Denn (D), Insurance Commissioner. It is believed that if the bill comes to a vote in the Senate, at least twelve Senator’s will vote in favor of the bill.

Without this legislation, all Delawareans can be denied basic civil rights. Until such legislation is signed into law, GLBT individuals and families are denied basic civil rights and cannot work in Delaware without fear of discrimination.

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 hopeful that Delaware in 2005 will join the other states which have now enacted similar legislation." The Human Rights Campaign web site lists the following states as having adopted similar legislation: California, Connecticut, District of Columbia, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Wisconsin.