(Editor’s note: This is the second of a two-part report on the race for Delaware attorney general. For last week’s interview with Democratic candidate Dwayne Bensing, visit washingtonblade.com.)

Delaware Attorney General Kathy Jennings spoke to the Washington Blade to discuss why she should be elected to a third term. 

Born and raised in Wilmington, Del., Jennings’ career in criminal prosecution spans decades. Prior to being sworn in as Delaware’s attorney general in 2019, Jennings worked as a prosecutor under the Delaware Department of Justice for years before being named Delaware State Prosecutor.

As a prosecutor, Jennings worked to convict the serial killer responsible for the murders of five women in New Castle County. This case was the first that DNA analysis was used as evidence in a Delaware court.  

“My focus for years has been reducing violent crime in our state, in particular gun violence. Over the course of my tenure, we have seen a dramatic drop in violent crime,” said Jennings. 

According to the Criminal Justice Council, under Jennings’s leadership in 2024, Delaware saw its lowest violent crime rate on record. 

“We are seeing violent crime going down to historic lows in the state of Delaware, and in particular in our largest city, the city of Wilmington,” said Jennings. 

At the end of 2023, homicides had decreased in Wilmington by more than 50% and shootings in Dover had declined by 23%. Additionally, the state’s prison population fell by nearly 25% since 2019 and the recidivism rates declined by 60%. 

Jennings explained “This job takes commitment, dedication, and lots of experience in the criminal justice system, because it’s our job to make sure that the criminal justice system is fair and equal to everyone.”

Within her efforts to reduce violent crime, Jennings said that she has especially focused on fighting gun violence. 

“I have made a priority in my administration to go after the gun lobby and to make sure that the state of Delaware has gun safety laws that are effective in reducing violent crime and that also are effective in protecting people, most especially our children,” she said.

“The No. 1 cause of death for children in our country are guns, and as long as that’s the case, my work is not done,” she added. 

Jennings said that she wants to protect children in particular from gun violence and that this fight remains a work in progress.

“We are beating the gun lobby in the legislature and in the courts, and we are seeing dramatic results in terms of reductions in gun violence that takes a lot of work that is ongoing,” said Jennings. 

Fighting the Trump administration remains an integral part of Jennings’s work as attorney general, as she has sued the Trump administration more than 40 times. 

“The Trump administration’s lawsuits could have cost Delaware almost a billion dollars in federal funds if we had succumbed to their extortionist threats, and we didn’t do that.” said Jennings. 

“We sued opioid manufacturers and distributors, getting $250 million to this state to fight addiction as a result of that. We will continue to do all the work that Delawareans expect us to do,” said Jennings. 

“We’re successful, and we’re going to continue to be successful,” Jennings said regarding her legal battles with the Trump administration.

In terms of support for the LGBTQ+ community, Jennings has previously sued HHS for discriminating against transgender Delawareans. 

Last summer, Jennings sent a letter to Nemours Children’s Hospital imploring them to reconsider its decision to stop providing gender-affirming care services to new transgender youth patients. Her primary opponent, Dwayne Bensing, criticized this letter for not being strong enough in protecting the trans community. 

The Blade asked Jennings about how she plans to continue to be an ally to the LGBTQ+ in a third term. She responded by saying: “We need to keep fighting to ensure that there are constitutional amendments that further protect children and protect marriage equality in our state, and we’re fighting to make sure those amendments are on the way.”

“To discriminate against trans children, in my mind, is child abuse. That’s what we’ve been fighting in the courts,” said Jennings. 

Jennings emphasized the importance of protecting LGBTQ+ youth by noting, “Our children deserve an environment where they are treated with compassion and equality.”

“It’s going to take a very strong attorney general who knows what she is doing to continue this fight,” said Jennings. 

The Blade also asked Jennings about her oversight of the restructuring of OpenAI. Originally founded as a nonprofit corporation in Delaware in 2015, OpenAI announced its goal to transition to a for profit corporation in May of 2025. 

“It is the duty of the attorney general to ensure that a corporation is fulfilling its charitable purpose,” said Jennings. “OpenAI’s charitable purpose is to use it to benefit all of humanity. That’s a big mission.”

Jennings worked closely with California Attorney General Rob Bonta to oversee OpenAI’s transition from nonprofit to for profit. 

“We got deeply involved in Open AI’s restructuring process to make sure the charitable corporation would be capitalized well to fulfill their mission of benefiting humanity and that they would prioritize safety. Those two goals were achieved.”

The restructuring process was approved by Jennings and Bonta in October of 2025. They appointed three independent directors to oversee OpenAI’s actions. “These three are independent directors who report to us several times a year,” said Jennings.

“We achieved a far superior result, because we are in the boardroom, we’re able to see what [OpenAI] is doing.”

“We have the full ability to go after OpenAI if they don’t fulfill our urges and we get the ability to oversee them on an ongoing regular basis,” said Jennings.

Jennings reiterated her desire to continue her work as attorney general: “These fights have to continue uninterrupted by people who know what they’re doing.”

“It is an honor and a privilege to have been voted in by Delawareans these last two terms, and I’m asking them to put me in again. I’m fighting hard,” said Jennings.  

The primary election for Delaware attorney general is Sept. 15. 

Delaware Gov. Matt Meyer on June 9 signed SB 250, a bill that helps fill the gaps in the state’s parentage law. 

SB 250 amends the 2017 Uniform Parentage Act to broaden the state’s legal framework for surrogacy. Prior to SB 250, some children, particularly those born through assisted reproduction or surrogacy, did not have a clear path to a legally recognized relationship with their parents. This created issues around parental decision-making and children’s access to health insurance. 

According to the bill’s prime sponsor, Sen. Marie Pinkney, SB 250 ensures that every child in the state has a secure legal relationship with their parents. She said the bill modernizes outdated statutes and strengthens protections for children born through assisted reproduction or surrogacy.

These issues are more likely to affect queer families that rely on assisted reproduction methods to have children. Parentage laws are critical to the well-being of children and the ability of parents to care for them without unnecessary legal barriers. 

“Today, we celebrate a victory for all children and families in Delaware. By modernizing its laws to better reflect and protect today’s families, Delaware has set an example for states across the country,” said Jordan Wilson, executive director of COLAGE.

COLAGE is a nonprofit organization dedicated to supporting and empowering youth in LGBTQ+ families through activism and community. 

“We are grateful to the many families and advocates who worked tirelessly to advance this legislation, from the bill’s drafters to the COLAGErs who shared their lived experiences directly with lawmakers,” said Wilson.

“Delaware is strongest when the law respects and protects all families,” said Mark Purpura, board member of Equality Delaware, a statewide organization focused on promoting and ensuring dignity, safety, and equality for all LGBTQ+ Delawareans.

The bill’s sponsors and co-sponsors include Sen. Pinkney, Rep. Krista Griffith, Sens. Russ Huxtable, Raymond Seigfried, and David Sokola; and Reps. Alonna Berry, Mara Gorman, Kerri Harris, Eric Morrison, DeShanna Neal, Sophie Phillips, and Cyndie Romer.

Editor’s note: This is the first of two reports on the race for Delaware attorney general. Next week: An interview with the incumbent candidate, Kathy Jennings.)

Delaware is known as the state of “firsts” and it could deliver another first in this year’s elections if Dwayne Bensing becomes the first openly gay man elected attorney general of any state in the country. 

 The Washington Blade spoke with current Delaware ACLU Legal Director Bensing to discuss his campaign. He is challenging incumbent Attorney General Kathy Jennings in the Sept. 15 primary. 

Bensing is an Arkansas native who moved to Delaware from D.C. a decade ago. He is a UPenn law school graduate with a background in education both as a teacher and an attorney, having worked for the Department of Justice and then the Department of Education under the Obama administration. 

He left the DOE under the first Trump administration in 2020 after acting as a whistleblower in an effort to protect trans athletes from discrimination.

“As a whistleblower, I don’t shy away from calling out bad acts, even if it’s from the political elite or the establishment. That’s the kind of independent government oversight that I want to bring to the office of the attorney general,” Bensing told the Blade. 

One of the pillars of Bensing’s campaign is corporate accountability: “I don’t think billionaires need any more grease on the wheels to pad their pockets,” said Bensing.

Bensing criticized Jennings for her stance on corporations and the wealthy.

“I don’t think that our attorney general appreciates the moment that we find ourselves in, where the billionaire class is consolidating all of the wealth on the backs of the working class and consumers,” Bensing said. 

In particular, he knocked Jennings’s handling of the restructuring of OpenAI, as she and California Attorney General Rob Bonta approved the company’s transition from a nonprofit organization to a public benefit corporation. 

“The people’s voice is being diminished in so many ways by the corporate oligarchy and government establishment elite who’ve benefited from the system as it is,” said Bensing.

“I believe that we have to clean up our own backyard first and really solidify the ‘small d’ democratic norms of access to voting at the ballot box, access to a high-quality public education, and access to free speech,” said Bensing. 

Bensing also spoke about the mistreatment of unhoused persons and the unhoused camps that are being removed by the government in Wilmington. 

“For people who have no place to go and are in a public space, we need to make sure that we’re providing them the services so that they can lift themselves up, not criminalize their mere existence,” said Bensing.

Bensing shared his desire to reform the “Delaware way” by pushing Delaware to sort out its disagreements internally and hold the federal government and corporations accountable. 

“From my vantage point at the ACLU of Delaware, the Delaware way is a way to preserve the power, the influence, the resources of the establishment elite, and so those who are benefiting from the Delaware way,” said Bensing.

“I think we are a state of neighbors, as our congresswoman often reminds us, and I think that will always keep us polite without being aggressively disagreeable, but what I feel we are losing is that accountability piece,” said Bensing.

As a gay man, Bensing has been a staunch supporter of transgender rights and the LGBTQ community as a whole throughout his career. 

When asked about his plans to continue his support for the trans community. Bensing responded by saying “I’ve been on the front lines of this issue.” He also referenced the late Barney Frank, saying “If you’re not at the table, you’re probably on the menu.” 

“In private practice, I filed the very first federal district court case regarding the rights of transgender students under Title IX,” said Bensing.

Bensing continued the fight for trans youth while working in the DOE under the first Trump administration: “When I found myself in the Trump administration unexpectedly, I met with Secretary Betsy DeVos in her office, and I begged her to meet transgender students because I didn’t think she understood that our transgender students were being vilified by the very leaders who were sworn to protect them.”

As previously mentioned, Bensing left the DOE in 2020 after he leaked emails showing protocol violations in an investigation involving the treatment of transgender students. 

Bensing highlighted Delaware’s past as being a leader on the “front lines” of LGBTQ protections and emphasized the need to continue protecting LGBTQ rights. 

Last August, Jennings wrote a letter to Nemours Children’s Hospital imploring them to reconsider their decision to stop providing gender affirming care services to new transgender youth patients.  

Bensing criticized Jennings’s letter to Nemours, describing it as an example of Jennings having “more bark than bite.”

“Our attorney general wrote a strongly worded letter to Nemours while other attorneys general said we will sue you, and did sue when health care providers stopped providing life-saving healthcare to transgender youth,” said Bensing.

“Battle lines have been drawn and the attorney general needs to stand with LGBTQ+ youth on this issue,” said Bensing.

Bensing has also been president of the Delaware Stonewall Political Action Committee for five years. He explained that its mission is to elect LGBTQ individuals and allies to office. 

“It’s really important that we keep fighting for equal protection under the law, and that we show up in civic spaces, that we become elected leaders, that we become engaged members of our community,” Bensing said. 

Bensing recalled growing up gay in Arkansas at a time not too long ago when same-sex marriage was what we described as “a bipartisan issue of objection.” 

He shared his concerns over same-sex marriage losing support according to recent polls: “That’s a fight I think that many in the LGBTQ+ community thought we had won.”

“I know firsthand how fragile our constitutional rights are and how fickle the public can be when extending dignity to a minority group.”