Delaware
Delaware lawmakers seek to enshrine protections for gender-affirming care
Bill aimed at starting a discussion, unlikely to advance
Delaware residents who receive gender-affirming care and the doctors that provide it can breathe a sigh of relief if a bill aimed at protecting those who seek gender-affirming care and the doctors that provide it passes.
The bill, introduced by Rep. DeShanna Neal (D-District 13) last week, tacks on gender-affirming care protections to existing protections for those who receive or provide abortions.
“I filed House Bill 230 because we are seeing other states weaponizing their laws against the transgender community, and we should be clear that we will not let those other states’ laws prevent people from seeking gender-affirming care in Delaware,” Neal said in a statement.
The bill would prevent out-of-state people from suing a patient who received gender-affirming care in Delaware and the doctors that provided that care. It would also prevent insurance companies from penalizing doctors providing gender-affirming health care so long as they are not breaking Delaware’s laws.
Kelly Nichols, a nurse practitioner who provides gender-affirming care like hormone therapy to patients at Planned Parenthood clinics in Delaware, said the bill is extremely important given the wave of anti-transgender legislation around the country.
“It’s really important in the face of that that we have protections as providers here for patients who may be traveling here to seek care,” Nichols, the associate medical director at Planned Parenthood of Delaware, said in an interview.
The country’s major medical groups, including the American Medical Association and the World Health Organization, all support gender-affirming health care.
Despite that support, Neal wrote in a statement that they won’t be pushing the bill forward in the House Health & Human Development committee this year, adding that the bill would start a useful discussion about transgender health care protections. They did not reply to an email asking for an interview and a House Democratic Caucus communications staffer said it was hard to nail legislators down because the legislature is in session.
Neal’s move came after opposition from Senate Republican leaders, including Senate Minority Leader Gerald Hocker and Senate Minority Whip Brian Pettyjohn. The two senators claimed that the bill would erode parental rights in a statement, which has become a standard talking point for Republicans across the country. Two representatives for the Senate’s Republicans did not respond to an email and multiple phone calls requesting an interview with the legislators.
The senators added that children are “rarely” held liable for crimes because their brain is still developing – and so is their body – so, they claim, it makes little sense to allow them to undergo “irreversible changes” to their body.
In fact, teens rarely undergo surgery before 18. Doctors must agree that a patient, child or not, needs the physical transition care. Each surgery has different guidelines associated with it, and the major medical associations all fully support gender-affirming care and oppose bans.
Teens who receive gender-affirming care are much less likely to die by suicide, according to an observational peer-reviewed 2022 study in the Journal of the American Medical Association. In the cohort the study examined, youth were 73% less likely to attempt suicide.
The senators also say the legislation erodes parental rights, a claim that has become the standard talking point for Republicans across the country who see gender-transition care and children’s ability to explore their gender – especially at school – critically.
Neal said they will spend their legislative break, from July 1 into 2024, building support for the bill and educating residents about transgender healthcare.
The bill also gives the state more tools to combat legislation in other states preventing healthcare for transgender people: It allows Delaware to hear child custody cases for kids in Delaware for gender-affirming care from states that ban the care; it prevents Delaware from turning over people that broke another state’s ban; it allows anyone sued in another state for getting or helping someone receive gender-affirming care to countersue them in Delaware; and prevents trans patients’ records from being shared without their consent.
“Unfortunately, as we’ve seen with the reaction of some in Delaware already,” Neal said in the statement, “more dialogue is needed. I look forward to future discussions regarding the importance of protecting the rights of those seeking gender-affirming care in Delaware.”
Delaware
Delaware school district remains supportive after Trump attacks on trans students
Cape Henlopen has gender identity nondiscrimination policy
The Cape Henlopen School District in Delaware, one of five school districts in several states where the U.S. Department of Education earlier this month rescinded agreements protecting the rights of transgender students, says it will continue to provide a “safe and supportive learning environment” for all students.
In response to a request for comment, a spokesperson for the Cape Henlopen district sent the Washington Blade a short statement on its response to the federal Education Department’s action under orders from the Trump administration that ended what were called school district “resolution agreements” put in place under the administration of President Joe Biden.
Among other things, the federally initiated agreements required schools to train faculty on responding to a student’s preferred name and pronouns and to implement policies that allow transgender students to use bathrooms and locker rooms that align with their gender identity.
“The Cape Henlopen School District has received correspondence from the U.S. Department of Education’s Office of Civil Rights regarding the resolution agreement entered in March 2024,” the Cape Henlopen School District’s statement says. “As always, we are committed to providing a safe and supportive learning environment where all students can succeed,” it says.
“We will continue to work collaboratively to ensure our practices and programs support the well-being, growth, and achievement of every student in our District,” the statement concludes.
Although it did not respond specifically to the Trump-initiated action ending federal protections for trans students, a statement on the Cape Henlopen School District’s website says the district has a policy of non-discrimination based on a wide range of categories, including race, religion, creed, gender, and “sexual orientation or gender identity.”
The Trump administration’s latest action does not take away nondiscrimination policies put in place by school districts on their own.
The Cape Henlopen district is in Sussex County, a short distance from Rehoboth Beach, a Delaware resort town with many LGBTQ residents and summer visitors.
The other school districts for which the U.S. education department ended the trans nondiscrimination agreements include the Delaware Valley School District in Pennsylvania, Sacramento City Unified School District in California, Fife School District in Washington State, and La Mesa Spring Valley School District also in California.
Kimberly Richey, the Department of Education’s Assistant Secretary for Civil Rights, said in a statement that the decision to terminate the school agreements highlighted the Trump administration’s efforts to prevent trans students from participating in girls’ and women’s sports teams and accessing shared locker rooms.
“Today, the Trump administration is removing the unnecessary and unlawful burdens that prior administrations imposed on schools in its relentless pursuit of a radical transgender agenda,” she said in her statement.
Shiwali Patel, an official with the National Women’s Law Center, said in a statement that the action removing protections for trans students would negatively impact all students.
“There is absolutely no basis for what the Department of Education is doing, and it is unimaginably cruel,” she said. “Parents, teachers, and students need the Department to focus on addressing real harms on campuses instead of rolling back policies that keep all students safe.”
Delaware
Delaware’s first openly gay elected official dies at 66
John Brady remembered as dedicated public servant
John Brady, the first openly gay elected official in Delaware, passed away in his home on Aug. 10 at age 66 after battling a long illness.
Brady was a deputy attorney general and was elected to three Sussex County offices: register in chancery, recorder of deeds, and clerk of the peace.
While clerk of the peace, Brady performed the first legal same-sex marriages in the state starting in July 2013. He told a local radio station just last week that he performed more than 400 marriages in his four-year term.
“John married my husband and me on the beach in Rehoboth 11 years ago,” said Washington Blade editor Kevin Naff. “He took great time and care in crafting our nuptials. It was a beautiful moment we will never forget. John was a pioneer for the LGBTQ community in Delaware, a dedicated public servant, and a gentleman. He will be missed.”
The day before he passed away on Aug. 9, former Speaker of the House Pete Schwartzkopf and former Lt. Gov. Bethany Hall-Long presented Brady with Delaware’s highest civilian honor for individuals who meet a high standard for community service, the Order of the First State.
Brady retired in 2024 after 32 years as a member of the Delaware Bar and 16 as a state employee. He was also active in the Eagle Scouts, working as a Scout leader and professional scouter. He received the Founder’s Award in 2023, one of the highest honors.
“Delaware mourns the passing of John Brady, a true public servant, trailblazer, and dear friend to many,” Gov. Matt Meyer wrote in a statement on Aug 11. “From his dedication to justice and service through the law to the barriers he broke as Delaware’s first openly gay elected official, John fought with compassion to improve our state and touched countless lives in the process. Lauren’s and my prayers are with John’s family and friends, as we all mourn his passing and celebrate his extraordinary life.”
Delaware
Del. att’y gen’l among plaintiffs suing Trump over access to care for trans youth
Coalition of states filed motion last week
A coalition of more than a dozen states, including Delaware, filed a lawsuit on Aug. 1 to block the Trump administration’s efforts to restrict access to medically necessary care for transgender youth.
Filed in federal court in Massachusetts, the lawsuit challenges Executive Order 14187 from January, in which President Donald Trump refers to gender-affirming care such as puberty blockers, hormone therapy, and surgeries as “mutilation.” It declares that the policy of the United States will be to “not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures.”
The suit argues that the EO violates the Administrative Procedure Act (APA) and the Tenth Amendment by asserting federal overreach into state-regulated medical and healthcare decisions.
“It becomes clearer every day that there simply is no bottom to this administration’s cruelty,” said Attorney General Kathy Jennings in a press release. “With his agenda failing and his popularity plummeting, the president is turning to time-tested tactics of demagogues: turning vulnerable people into scapegoats, obsessing over their private lives, and intruding on medical decisions. These stunts make kids into political props and do nothing to help Americans. They are despicable, dangerous, and illegal.”
Gov. Matt Meyer recently signed an executive order making 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.
According to the press release, providers in some states have begun to reduce or eliminate services due to federal actions. Nemours Children’s Hospital in Delaware is no longer providing gender-affirming care to new patients.
Medical experts and nearly every major national medical association endorses and supports the availability of gender-affirming care for transgender young people.
“Empirical evidence has demonstrated that trans and nonbinary gender identities are normal variations of human identity and expression,” the American Medical Association said in 2021.
Plaintiffs include the attorneys general of California, Connecticut, D.C., Hawaii, Illinois, Maine, Massachusetts, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, Rhode Island, and Wisconsin, and the governor of Pennsylvania.
