Delaware
Delaware bill would ban ‘gay panic’ defense
Legislature has until June 30 to advance measure
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.
Delaware
Michael Smith could make history as Delaware’s first LGBTQ treasurer
Promises to defend state from Trump administration
With experience as an economist, legislative staffer, and nonprofit director, Michael Smith is looking to protect Delaware from the Trump administration and become Delaware’s first openly LGBTQ treasurer.
With a master’s degree in economics from the University of Alabama, Smith has worked as an economist at Secretariat Economist and Cornerstone Research. He previously interned at the Progressive Policy Institute.
“I think my work in economic and financial analysis has given me a lot of experience and know-how about what the treasurer role can and should be,” said Smith.
Smith also worked in the Delaware House Democratic Caucus in Dover, working with state representatives to improve the quality of life of Delawareans.
“I got to see where the rubber meets the road and how we can have policies that positively affect everyday working Delawareans.” said Smith.
In 2024, Smith narrowly lost a race to represent District 21 by 30 votes. He said that this loss gave him the itch to make a positive impact on the community.
Smith also founded and directed Powering Our Future, a nonprofit that promoted clean energy infrastructure throughout New Castle County.
“We helped people across Delaware reduce their energy bills and specifically try to encourage energy efficiency and electrification,” said Smith.
According to Smith, affordability is the biggest issue to voters, especially with the rising cost of utility bills.
“Everyone is worried about the affordability crisis. The cost of living is just incredibly high.”
“I’ve been knocking on doors for months now, and every time I hear people say: ‘My utility bill has gone up 75 percent. My property taxes are going through the roof. I can’t afford health care. I can’t afford to save for my children’s college or my own retirement.’”
“The treasurer cannot solve all those problems. But what we can do is we can help people save for them and their family’s future,” said Smith.
Smith talked about his goal to increase awareness around Delaware EARNS, a state sponsored Roth IRA geared toward people who don’t have access to a traditional employer-sponsored retirement plan.
“There’s roughly 150,000 Delawareans who could take advantage of it,” said Smith. “These are people who are the backbone of Delaware’s economy, whether they are working for small businesses, certain nonprofits, or working the gig economy,” said Smith.
Smith said that many people working for companies such as Doordash and Lyft are not saving for the future but that they could be doing so in a tax-advantaged way through Delaware EARNS.
“I think there’s some work that needs to be done to make a clear on-ramp for the self-employed and for those gig workers to get enrolled,” said Smith.
“Right now, we just passed our 10,000th account, which is fantastic, but there’s a lot of room left to grow.”
Smith also spoke of his plans to build on the Aspire 529 College Savings Plan, a project that helps traditionally underserved students finance their college education in ways that traditional 529 plans don’t.
Smith said that Delaware needs a treasurer who will work to protect the first state from the Trump administration, and he says is ready to step up to the plate.
“I think we need someone who’s willing to speak out and try to work with state treasurers, comptrollers, and other elected officials across the country to push back over the next two years.”
“We have a president in Washington, D.C., who is working with his Republican cronies in Congress to attack blue states like ours and threaten our federal funding.”
“I think that the best form of resistance is resilience,” said Smith.
Smith identifies as pansexual, having come out 10 years ago in college. He said that he is proud of the representation Delaware already has, from Rep. Sarah McBride to Travis McDermott, the mayor of Newark.
“I would love to partner with our attorney general, our governor, and our General Assembly to defend our LGBTQ+ citizens and residents as much as possible,” said Smith.
“I’d be honored to be Delaware’s first openly LGBTQ+ treasurer,” said Smith.
Mike Ramone, the Republican nominee for treasurer, has described Delaware as being in a ‘financial crisis.’The Blade asked Smith to respond to Ramone’s statement.
“I would disagree with Mike Ramone. I think Delaware is in a very strong financial shape, with the caveat of our state employee health benefits, which needs to be more well funded.”
Michael Smith will face Ted Lauzen and Mike Miller on the ballot for the Sept. 15 primary.
(Editor’s note: An earlier version of this story reported that Smith worked as an economist at the Progressive Policy Institute. He actually worked as an intern there while in college. The Blade regrets the error.)
Delaware
Delaware fines Rehoboth bar $15,000 for discriminating against trans woman
Hideout told patron she had to use men’s room due to gender marker on driver’s license
The Delaware Human and Civil Rights Commission voted to fine Hideout Arcade Bar & Grille $15,000 last month due to a discrimination complaint filed by a trans woman over her use of the bathroom.
Katie Sorber, a transgender woman, said that on April 5, 2023, she was stopped by employees and told she could only use the men’s bathroom due to the “male” gender marker on her driver’s license. This occurred after Sorber presented her ID upon entering the bar and ordering a drink.
Sorber took to Facebook to complain about her experience at the bar after she was told to use the men’s bathroom.
On April 12, 2023, Sorber returned to the Hideout but was barred from entering due to her post on social media.
Following Sorber’s post, Bryan Derrickson, the owner of Hideout Arcade Bar & Grille, allegedly began enforcing a policy in which patrons had to use the bathroom that corresponded to the gender marker on their ID.
Derrickson was ordered to pay $10,000 to Sorber, $5,000 to the Special Administration Fund, as well as conduct anti-discrimination training with employees, remove the ban on Sorber from the establishment, and revise the bar’s bathroom policy.
The commission ruled that the bar and Derrickson had wrongfully discriminated against Sorber on the basis of her gender.
Derrickson’s explanations for the denial included safety concerns, a third-party patron complaint, and a reference to the health code. The panel found this to be inconsistent and lacking factual support upon cross-examination.
The case was evaluated under the Delaware Equal Accommodations Law, which explicitly prohibits discrimination and retaliation in places of public accommodation based on gender identity.
This was the second time that the bar has been fined for discriminating against a transgender woman. The bar received a $2,000 penalty in September of last year for denying a transgender woman entry in 2023.
Half of the fine went to Kathy Carpenter Brown, the trans woman who experienced the discrimination. Brown is the founder of TransLiance, an LGBTQ+ advocacy group in Delaware.
Delaware
Democrat Maureen ‘Mo’ Madden takes on longtime GOP stronghold in Delaware’s 38th
Out lesbian candidate for state House focused on infrastructure needs, voting rights
Democrat Maureen “Mo” Madden is running for the Delaware House of Representatives in the 38th District, seeking to win a seat that has been held by Republicans for more than two decades.
The race opened up after Republican state Rep. Ron Gray announced in April that he would not seek reelection after seven terms in the General Assembly.
Gray was first elected in 2012 and represents communities including Bethany Beach, Fenwick Island, Selbyville and Ocean View. Madden, a Dagsboro resident, filed to run for the seat in 2025.
Madden is a retired federal civil servant who spent nearly 23 years at NASA and more than seven years at the National Oceanic and Atmospheric Administration. She holds a master’s degree in physics and previously worked in leadership at NOAA.
She said her professional experience taught her the importance of working collaboratively, something she believes would translate to the legislature.
“Advocating, negotiating, and collaborating are all skills that a legislator needs,” she said. “You learn to collaborate. You learn to negotiate. You learn to advocate for your budget, for your team, and for your projects.”
Madden said her decision to run began after she and her wife moved to the area and she noticed the lack of Democratic candidates on the ballot in her district.
“Somebody’s got to do it, and I’ve got time. I’m retired,” said Madden.
She acknowledged the difficulty of running as a Democrat in the district, which has been represented by Republicans since 2002.
Madden said one of the biggest concerns she hears from residents is the rapid growth of Sussex County.
“We have a massive amount of growth and a massive amount of development,” said Madden.
Madden said the growth has placed additional pressure on roads, schools, emergency services, as well as water and sewer infrastructure.
“We need to find a way to bring more money down here for the school system and for the infrastructure that we need,” she said.
She also raised concerns about the impact of new developments on existing neighborhoods, particularly in regard to flooding and drainage.
“Something needs to be done,” said Madden.
Madden also pointed to climate change as a factor affecting the region.She said the state will need to work on both addressing development and preparing communities for increasingly severe weather.
“We have to work both sides of it,” Madden said.
Madden said improving infrastructure would be a priority if she is elected, particularly roads and other infrastructure that affect residents’ daily lives.
“I want to increase the safety of my neighbors,” she said.
Madden also said she wants to address infrastructure needs related to water and sewer service, as well as the availability of health care in the rapidly growing coastal region.
Madden said protecting voting rights would be another priority in the legislature.
“The right to vote is one of the biggest things that we have here in a democracy,” she said.
She said that she supports early voting, mail-in voting, and same-day registration, as well as restoring voting rights to people who have completed felony sentences.
“You should not lose a constitutional right because you’ve been in jail,” said Madden.
“Protecting the right to vote is how I will defend democracy when I get to the state House,” she said.
Madden said she would also support efforts to enshrine certain rights in the Delaware Constitution, including reproductive rights, voting rights, and the right to marriage.
“Those three protections of our freedoms that are right now under attack need to be more secure in the Delaware State Constitution,” she said.
As an openly lesbian candidate, Madden said LGBTQ+ rights are important to her, particularly the treatment of young transgender people.
She said she is concerned about efforts to restrict transgender students’ participation in sports and other policies affecting transgender people.
“They are picking on the most vulnerable of the most vulnerable,” said Madden.
She said she hopes voters will view LGBTQ+ people as part of their communities rather than as fundamentally different from their neighbors.
“We’re your neighbors. We’re your friends. We’re your family,” she said.
Madden will face Republican Carlie Carey in the general election on Nov. 3.
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