Delaware
Delaware poised to become 17th state to ban LGBTQ panic defense
Bill passes with unanimous, bipartisan support in Senate
It was an extraordinary week in the Delaware Senate, as a bill to ban the LGBTQ+ panic defense, in which a defendant claims they panicked and killed or injured a victim upon finding out the person was gay or transgender and receive a lesser sentence or even acquittal because of it, passed unanimously.
Every senator, Republican and Democrat, voted for it Wednesday. And every Republican – and Democratic – senator signed up to co-sponsor the bill.
“Thank you to my colleagues and my friends. That is a beautiful statement,” bill sponsor Sen. Sarah McBride said on the Senate floor after the senators signed up. “Other states, this has fortunately been bipartisan, and I’m incredibly proud that we will make clear that this is a bipartisan issue.”
Mark Purpura, a Delaware lawyer who worked on the bill, watched as the bill passed from his home via Zoom.
“It was very moving,” he said. “It moved me to tears. I was crying.”
The defense has been used five times in Delaware, according to research by St. Edward’s University professor W. Carsten Andresen. House sponsor Rep. Eric Morrison pointed to the cases during his House testimony, but the Senate did not seem to be aware of the cases during the vote – the discussion hinged around preventing the possibility of the defense being used, not preventing its future use.
An amendment by Rep. Jeff Spiegelman that would expand the ban to prohibit all panic defenses based on race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin, and a person’s ancestry failed earlier in the House.
“Promise me there’ll never be a Jew defense,” said Spiegelman, pointing to Nazi Germany, where he said people were allowed to harm Jewish people once they found out their victim was Jewish. “Promise me that that will never be said in this country, and it will never be used in Delaware, and I’ll scrap this amendment right away.”
Morrison did not engage in a discussion with Spiegelman, saying only that he considered the amendment unfavorable. It failed with 25 votes against the amendment and 14 for it.
The House passed the bill mostly along party lines, with all Democrats voting for the bill and most Republicans against. But three Republicans, Rep. Nnamdi Chukwuocha, Rep. Michael Ramone, and Rep. Michael Smith broke party lines and voted for the bill, and Spiegelman did not vote either way on the bill.
Morrison, the bill’s sponsor, said he wasn’t sure what to make of the lack of bipartisanship in the House.
“I wish we had had more support in the House. I worked really hard to try to educate folks about this defense, because so many people had never heard of it,” he said in a short interview. “So that could have been part of the issue. I’m not sure.”
The bill now heads to the desk of Gov. John Carney, a Democrat. His communications team did not immediately respond to a request for comment, but Morrison said he does not anticipate any problems.
“Overall,” Morrison said, “I’m just happy that it passed and that we’re going to become the 17th state to ban this defense.”
Delaware
Delaware considers enshrining same-sex marriage into state Constitution
Senate Executive Committee will hear testimony on Wednesday
Delaware is considering amending its state Constitution to codify same-sex marriage. The bill, SB 100, will be heard in committee on Wednesday.
SB 100 was introduced in April 2025 by Democratic Sen. Russ Huxtable of the sixth district of Delaware and is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”
“[SB 100] really came from the community that I represent and so that was the inspiration behind it, addressing concerns that my constituents have,” Huxtable told the Washington Blade.
CAMP Rehoboth, an LGBTQ community center and advocacy organization based in Rehoboth Beach, sent a letter to members of the Senate Executive Committee in support of SB 100.
“We applaud this proactive approach because it ensures that even if federal protections are weakened, same-sex couples in Delaware will retain their rights under Delaware law,” the letter reads. “We believe that doing so NOW is crucial for several reasons, particularly in the context of evolving legal landscapes and the erosion of civil rights long recognized in Federal law.”
CAMP Rehoboth Board President Leslie Ledogar is scheduled to testify at the Wednesday hearing on behalf of CAMP Rehoboth. She hopes to convey how personal this bill is for the organization.
Ledogar said CAMP Rehoboth has an almost 35-year history of advocating on behalf of LGBTQ people in the state of Delaware. Past Board President Chris Beagle and his husband were among the first couples to be married in Sussex County after same-sex marriage was legalized in the state in 2013, with CAMP Rehoboth hosting the ceremony.
The letter cited concerns with the possibility of Obergefell v. Hodges being overturned in the future, the landmark 2015 Supreme Court case that guaranteed the right to marry for same-sex couples.
“We really feel that this is a proactive and protective measure that ensures long-term security for LGBTQ+ couples,” Ledogar said. “While we do have that [protection] now, it could be just that temporary and just that fleeting, and everything we’ve worked for and built could fall apart, not by our own initiative but because of the stroke of a pen.”
The letter details the positive impact that the bill would have on Delaware’s LGBTQ community, such as affirming equality and human dignity, preventing legal backsliding and creating legal certainty and reflecting public support.
“[SB 100] would align the law with the values of a majority of Delawareans, ensuring that legal frameworks reflect contemporary societal norms and standards,” Ledogar said.
In 2024, the Public Religion Research Institution found that 61% of Delawareans favor allowing same-sex couples to marry.
Some critics of the bill cite religious concerns, though SB 100 explicitly protects clergy refusal, saying that “the right to marry regardless of gender does not infringe upon the right to freedom of religion because religious organizations and members of the clergy have the right to refuse to solemnize a marriage.”
The bill requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state Constitution without a vote of the people. Constituents can register to watch the hearing virtually here.
Other states such as California, Colorado, and Hawaii have introduced and passed similar bills to protect the right of all people of all genders to marry under state law.
Huxtable said he hopes Delaware can send a message to other states that they can do the same thing and “don’t need to feel the threat from extremists.”
“I think it’s showing that the General Assembly in Delaware in particular are advocating for good policy celebrating the individual … We’re governing by our values and not our fears.”
Delaware
Delaware governor issues executive order creating LGBTQ+ Commission
Body to ‘strengthen ties’ between government and community
Delaware Gov. Bethany Hall-Long on Jan. 16 signed and issued an executive order creating a Delaware State LGBTQ+ Commission that she said will hold public forums for the exchange of ideas on the needs of the state’s diverse LGBTQ community.
“The nine-member commission will serve to strengthen ties between the government and LGBTQ+ organizations,” a statement released by the governor’s office says.
The statement adds that the new commission will “help remove barriers to societal participation for LGBTQ+ people and improve the delivery of services to the community in Delaware to areas such as employment, equality, education, and mental health.”
It says that members of the commission will be appointed by the governor and serve without monetary compensation for a three-year term.
According to the statement, the commission members “will represent different facets of the LGBTQ+ community, taking into account age, race, gender, identity, background, life experiences and other factors, and reflect the geographic diversity of the state.”
Hall-Long’s executive order creating the new commission came at a time when she is serving in effect as interim governor for a period of just two weeks. As lieutenant governor, she became governor on Jan. 7 when outgoing Gov. John Carney resigned to take office in his newly elected position of mayor of Wilmington.
Carney, who served two terms as governor, could not run again for that position under Delaware’s term limit law. Democrat Matt Myer won the governor’s election in November and will be sworn in as Delaware’s next governor on Jan. 21, when Hall-Long will step down.
Myer was expected to appoint the commission members in the weeks following his assumption of gubernatorial duties.
“Ultimately, the commission will advise the governor, members of the governor’s Cabinet, members of the General Assembly, and other policymakers on the effect of agency policies, procedures, practices, laws, and administrative rules on the unique challenges and needs of LGBTQ+ people,” the statement released by Hall-Long’s office says.
“It is truly an honor to bring this commission to fruition, and I am very excited to see the positive changes the commission will make in the lives of our LGBTQ+ neighbors,” Hall-Long said in the statement.
David Mariner, executive director of Sussex Pride, an LGBTQ advocacy group based in Delaware’s Sussex County, which includes Rehoboth Beach, praised the new executive order as an important step in advancing LGBTQ equality.
“It is my hope that through this commission, we can address the critical issues facing LGBTQ Delawareans,” Mariner said in his own statement.
“This includes developing an LGBTQ health report with a tangible roadmap to health equity, increasing collaboration and communication on hate crimes and hate-related activities, and ensuring that nondiscrimination protections, guaranteed by law, are a reality for all of our residents,” he said.
The statement announcing the LGBTQ+ Commission and the full text of the executive order can be accessed here.
Delaware
Delaware advocacy group to host panel on media’s role in countering hate
Blade editor among journalists participating in Wednesday event
LEWES, Del. — Speak Out Against Hate (SOAH) will hold its bi-monthly community meeting at 5 p.m. on Nov. 13 at the Lewes Library and via Zoom. The meeting will concentrate on the role of the press in responding to the divisiveness and rising tide of hatred in our country and communities.
The meeting will feature a panel of journalists comprised of Chris Rauch, owner and publisher of the Cape Gazette; Benjamin Rothstein, journalist at the Daily State News and its sister paper the Greater Dover Independent; Kevin Naff, editor and co-owner of the Washington Blade; and Jake Owens, editor-in-chief of Spotlight Delaware.
Patty Maloney, president of SOAH said, “Following a national and state elections that saw our country nearly evenly divided, this important discussion with our local press will shine a light upon the role of the press locally and nationally in confronting the obvious chasm within our citizenry.”
For more information about the event and to register, please visit Speak Out Against Hate at soah-de.org.
Speak Out Against Hate was formed to confront and counter the rising tide of hate, whenever and wherever it exists.
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Calendar: May 16-22
