Connect with us

Delaware

Delaware bill would ban ‘gay panic’ defense

Legislature has until June 30 to advance measure

Published

on

Delaware may soon become the 16th state to ban the LGBTQ panic defense, in which defendants claim they panicked after learning someone was gay or transgender and injured or killed the victim. 

It’s been used five times in Delaware and more than 400 times across the country, said St. Edward’s University professor W. Carsten Andresen, who tracks uses of the defense. The defense is usually used so that defendants can have their charges lessened – often from murder to manslaughter.

If Delaware House Substitutive Bill 1 passes, defendants can’t use that defense to be acquitted of their crime or get reduced charges. 

“This defense is used by defendants to justify violent acts against LGBTQ individuals by claiming that their sexual orientation or gender identity poses a sudden threat to their safety,” Sussex Pride Director David Mariner said before the House Judiciary Committee. “This defense is nothing more than a thinly veiled attempt to excuse bigotry and hate crimes, and it has no place in our justice system.”

Scholars and advocates say it’s unknown how many times it’s been used because there is no single national place where the crimes are reported. Andresen said he probably only knows a quarter of the cases in which it has been invoked. 

It’s hard to find out when it is used, Delaware lawyer Mark Purpura said, because it’s unlikely researchers will find cases where it has been used successfully because the decision won’t be appealed. Andresen agreed. He said he finds cases through media reports, internet posts, and court appeals. 

The House does not seem to be aware of the cases in Delaware; Purpura said during testimony that he was unaware of any uses in Delaware. 

The American Bar Association announced its support for LGBTQ+ panic defense bans in 2013. Many legal scholars support bans, but not all. Some argue there are better ways to eliminate the effectiveness of the defense than banning it.

Cynthia Lee, a law professor at George Washington University, was one of them until recently. She argued that defendants should have to explicitly say that they were shocked their victim was LGBTQ. That way, she argued, all the defendant’s cards would be on the table. 

“When gay panic arguments are forced to take a covert turn — when they are not explicit or out in the open — they may actually be more effective than they would be if out in the open,” she wrote in 2017, citing a 1986 trial in which the defense called four Black teenagers “savages,” “predators,” and “vultures” but didn’t mention their race explicitly. The jury found the shooter not guilty on almost all the charges. 

“The existing research on stereotypes and prejudice suggests that stereotypes, which are deeply entrenched in the subconscious, are triggered more readily when not made salient,” Lee wrote, adding that it’s more effective to educate people. She did not respond to a request for comment. 

Asked about Lee’s concerns that lawyers would find a way around the ban Purpura agreed that it’s possible.

“It’s a risk,” he said. “If you’re a defense attorney, that could backfire.” 

But, he said, doing nothing is far worse. If the jury hears the defense, he fears, it might resonate. Lee now agrees, writing in 2019 that making the bigotry clear isn’t enough to nullify the defense. 

The most famous case of the gay panic defense followed the murder of Matthew Shepard, a gay college student in Wyoming. Aaron McKinney and Russell Henderson had offered Shepard a ride home, which he accepted. Instead of driving him home, the pair drove to a remote area and proceeded to rob and torture Shepard, then tied him to a fence and left him to die. McKinney’s lawyers claimed that Shepard made sexual advances toward him, and was driven to insanity in that moment, leading him to kill Shepard. The judge rejected the defense but allowed evidence portraying Shepard as an aggressive sexual deviant, Lee wrote. Shepard and Henderson were sentenced to two consecutive life sentences.

Morrison cited a 2015 case of the defense being used before the House Judiciary Committee, when Texas resident James Miller invited his neighbor Daniel Spencer over for a night of drinking and music. Miller claimed Spencer came on to him, so he stabbed Spencer in self-defense. Prosecutors argued that the blood at the crime scene didn’t match Miller’s version of events and it could very well have gone down the opposite way.

Either way, the jury sentenced Miller only to 10 years of probation and the judge tacked on six months in jail. Scholars have categorized the killing as using the gay panic defense. 

Andresen keeps a private up-to-date database of LGBTQ panic defense uses, and the Williams Institute published its latest database in 2021. Andresen also found a 2018 Texas case in which Mark Daniel Lewis did not face trial after admitting he pushed Kenne McFadden, a transgender woman, into a river. He claimed she had groped him, according to local news reports. Prosecutors are taking a fresh look at the case after Insider found new evidence.

The only opposition so far to Delaware’s bill comes from Rep. Jeffrey Spiegelman, a Republican who represents the Townsend area. He asked why the bill only prohibits LGBTQ+ panic defenses and not those for religion or race. Purpura said he’s unaware of anyone invoking the panic defense after discovering someone’s race or religion. 

Still, Spiegelman offered an amendment to the bill to prohibit all panic defenses based on race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin, and a person’s ancestry. He did not respond to a voicemail.

Morrison, who introduced the bill, said the amendment “diminishes” the bill’s purpose.

“It takes the emphasis away from the fact that this is an issue of incredible importance to the LGBTQ+ community that affects the LGBTQ+ community, so we want to keep that spotlight,” he said in an interview.

The original bill, HB 142, was substituted for HS 1 to “make a legislator happy” and clarify that the bill does not ban mental illness from being used as a defense, Morrison said.

The substitution and re-introduction means the amendment attached to the original bill is gone, and Rep. Spiegelman did not respond to a voicemail asking if he will re-introduce it. 

Most representatives on the House Judiciary Committee, including Spiegelman, voted to advance the bill out of committee. Rep. Bryan Shupe did not vote either way, saying he needed more information. 

The bill currently has 22 co-sponsors. There is one Republican in the group, Rep. Michael Smith, but Purpura said he doesn’t expect bipartisan support, which he said is “disappointing.” 

The biggest challenge to the bill may be the time crunch before the Delaware Legislature goes on vacation on June 30. The Delaware House and Senate are currently scheduled to consider 17 bills and 33 more are on the House’s list of bills ready to be put on the agenda. And even more bills will be voted out of committee soon and will take their place on the ready list. 

Delaware’s House Speaker, Pete Schwartzkopf, will decide where – or whether – to put the bill on the agenda for the House to vote on it. If the House passes it, it will go to a Senate committee and, if passed out of the committee, will go to the Senate floor for a vote and end up on the governor’s desk if passed. Schwartzkopf’s legislative assistant did not return a voicemail asking whether he will fast track the bill. 

But the bill has plenty of time to go through all the motions – the legislature’s last day is June 30. After that, the bill would have most of next year to go through the motions.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Delaware

Del. governor signs order to protect gender-affirming care

Directive to safeguard personal data of patients, providers

Published

on

Delaware Gov. Matt Meyer, center, signs an executive order that protects gender-affirming care in the state. (Photo courtesy of Meyer's office)

Delaware Gov. Matt Meyer signed an executive order to protect gender-affirming care on June 20 at the CAMP Rehoboth Community Center, followed by the first meeting of the newly formed LGBTQ commission, which will work to protect the rights of LGBTQ Delawareans.  

Executive Order 11 makes Delaware a shield state for providers of gender-affirming care. It prohibits state agencies from cooperating with investigations, subpoenas, or legal actions by other states against individuals or providers involved in care that is legal in Delaware.

Gender-affirming care refers to a range of medical, psychological, and social services that are designed to support transgender and nonbinary individuals towards aligning their outward characteristics with their gender identity. 

“Across the country, people are being punished for seeking or providing gender-affirming care,” said Meyer in a press release. “In Delaware, we cherish privacy, dignity, and the right to make personal medical decisions. Everyone deserves the freedom to access healthcare rooted in science and compassion.”

CAMP Rehoboth Communications Director Matty Brown said the center was “honored” to be the location for the signing. He said the atmosphere was “emotionally charged” and “joyous” with many “tears of joy.” 

“CAMP Rehoboth applauds this executive order,” Brown told the Washington Blade. “This is a clear signal to all Delawareans that all are welcome to thrive here … We know that medical care should be between the provider and the patient, so we are so excited to see Gov. Meyer uphold that.”

State Rep. DeShanna Neal spoke at the event and told a story of her fight with the state to get gender-affirming care for her trans daughter. 

“I want to thank Gov. Meyer for his actions today and helping me keep a 20-year promise to my daughter and all the families that this fight has helped,” said Neal.

At least 14 other states and D.C. have passed similar protective laws designed to shield providers and patients from laws in states where gender-affirming care is restricted or criminalized. 

“Transgender Delawareans and those traveling here for care can now breathe a little easier,” said Cora Castle, chair of the LGBTQ Commission. “This executive order reflects what science and medical experts have made clear for years: gender-affirming care is lifesaving. It also shows what happens when people with lived experience are trusted to help shape policy — we lead with both empathy and evidence. Delaware is proving what it means to protect all its people.”

Continue Reading

Delaware

Milton Pride Fest to take place Saturday

This year’s theme is ‘Small Town, Big Heart’

Published

on

(Washington Blade photo by Michael Key)

Milton, Del., will host its Pride Fest this Saturday with the theme “Small Town, Big Heart.” The town’s population of just over 3,000 is in its sixth year hosting Pride. 

The event is hosted by Sussex Pride and Milton Theatre and will take place from 4-8 p.m. in the area surrounding the theater. Admission is pay-what-you-can and proceeds will support the Milton Theatre’s education wing campaign, an initiative dedicated to expanding arts education and creating spaces for the next generation of performers and artists. 

The musical act schedule includes Goldstar at 4 p.m., Magnolia Applebottom and Friends at 5:30 p.m., and Mama’s Blacksheep at 6:45 p.m. There will be vendors, food trucks, and a Kids Fest with an inflatable obstacle course. 

“In our little corner of the world, LOVE leads the way! Milton Pride 2025 is a celebration for EVERYONE — neighbors, families, allies, and friends — because acceptance, kindness, and community belong to us all,” Milton Theatre’s website reads. “Whether you’re here to cheer, learn, or simply feel the joy … you’re welcome exactly as you are. Let’s come together and celebrate Milton, a SMALL TOWN … with a BIG HEART!”

Continue Reading

Delaware

Delawareans march in D.C. WorldPride parade

CAMP Rehoboth contingent among marchers

Published

on

(Washington Blade photo by Michael Key)

The nation’s capital welcomed WorldPride this past weekend, a massive celebration that usually takes place in a different city every two years. 

The Saturday parade attracted hundreds of thousands of people from around the world and the country. The state of Delaware, a few hours drive from D.C., saw participants in the parade, with CAMP Rehoboth, an LGBTQ community center in Rehoboth Beach, hosting a bus day trip. 

Hope Vella sits on the board of directors and marched with CAMP Rehoboth. Vella said that although the parade took a long time to start and the temperature was hot, she was “on a cloud” from being there. 

“It didn’t matter to me how long it took to start. With the current changes that are in place regarding diversity and inclusion, I wanted my face there,” Vella said. “My life is an intersection. I am a Black woman. I am a lesbian, and I have a disability. All of these things are trying to be erased … I didn’t care how long it took. I didn’t care how far it was going to be. I was going to finish that parade. I didn’t care how hot it was.”

The nearly two mile parade route didn’t feel as long because everyone was so happy interacting with the crowd, Vella said. The group gave out beads, buttons, and pins to parade watchers. 

“The World Pride celebration gave me hope because so many people came out. And the joy and the love that was between us … That gave me hope,” Vella said. 

Vella said that people with disabilities are often overlooked. More than one in four Americans have disabilities, according to the U.S. Centers for Disease Control and Prevention

Vella said it was important for her “to be out there and to be seen in my wholeness as a Black woman, as a lesbian, as a woman with a disability and to not be hiding. I want our society to understand that we exist in LGBTQ+ spaces also.”

Retired Maj. Gen. Tammy Smith is involved with CAMP Rehoboth and marched with a coalition of LGBTQ military members. Smith said they were walking to give transgender military members visibility and to remind people why they are serving. 

“When we are not visible, what is allowed to take our place is stereotypes,” Smith said. “And so without visibility, people think all veterans are conservative and perhaps not open to full equality. Without visibility, they might think a small state with a farming background may be a place that’s unwelcoming, but when you actually meet the people who are from those places, it sets aside those stereotypes and the real authenticity is allowed to come forward.”

During the parade, Smith said she saw trans military members in the parade make eye contact or fist bump with transgender people in the crowd. 

“They were seen. Both sides were seen during that parade and I just felt privileged to be able to witness that,” Smith said. 

Smith said Delaware is a state that is about freedom and equality and is the first state for a reason. The LGBTQ community is engrained as part of life in the Rehoboth and Lewes areas. 

“What pride means to me is that we must always be doing what is necessary to maintain our dignity as a community,” Smith said. “We can’t let what people with negative messaging might be tossing our way impact us and the celebration of Pride. I don’t see it as being self-promoting. I see it as an act of dignity and strength.”

Continue Reading

Popular