Delaware
Delaware Senate passes bill to codify same-sex marriage
Measure assigned to House Administration Committee
The bill that would enshrine same-sex marriage into Delaware’s Constitution passed the State Senate Tuesday afternoon.
Senate Substitute Two for Senate Bill 100 passed with a 16 to 5 vote, garnering the two-thirds majority necessary to pass. The bill has been assigned to the House Administration Committee.
SB 100 was introduced in April by Democratic Sen. Russ Huxtable of the sixth district of Delaware. It 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.”
Senate Substitute One was adopted in lieu of the original bill on May 16. SB 100 originally focused exclusively on marriage equality relating to gender and the bill was tweaked to include protection for all classes that fall under Delaware’s Equal Rights Amendment, including race, color, national origin, and sex. Senate Substitute Two was then adopted in lieu of SB 100 on June 5 after being heard by the Senate Executive Committee on May 21.
SS 2 differs from SB 100 by clarifying that the right to marry applies to marriages that are legally valid under the laws of Delaware and that all state laws that are applicable to marriage, married spouses, or the children of married spouses apply equally to marriages that are legally valid. It also removed the need for gender-specific provisions by including gender in the first sentence and revised the language clarifying that the right to marry does not infringe on the right to freedom of religion under Article One of the Delaware Constitution.
“We’re not here to re-litigate the morality of same-sex marriage. That debate has been settled in the hearts and minds of most Americans, and certainly here in Delaware,” Sen. Huxtable said at Tuesday’s hearing. “We are here because the fundamental rights should never be left vulnerable to political whims or the ideological makeup of the U.S. Supreme Court.”
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.
“This bill sends a strong message that Delaware protects its people, that we will not wait for rights to be taken away before we act,” Sen. Huxtable said at the hearing. “Voting in favor of this amendment is not just the legal mechanism of marriage, it’s about affirming the equal humanity of every Delawarean.”
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.
