Delaware Gov. Matt Meyer on June 9 signed SB 250, a bill that helps fill the gaps in the state’s parentage law. 

SB 250 amends the 2017 Uniform Parentage Act to broaden the state’s legal framework for surrogacy. Prior to SB 250, some children, particularly those born through assisted reproduction or surrogacy, did not have a clear path to a legally recognized relationship with their parents. This created issues around parental decision-making and children’s access to health insurance. 

According to the bill’s prime sponsor, Sen. Marie Pinkney, SB 250 ensures that every child in the state has a secure legal relationship with their parents. She said the bill modernizes outdated statutes and strengthens protections for children born through assisted reproduction or surrogacy.

These issues are more likely to affect queer families that rely on assisted reproduction methods to have children. Parentage laws are critical to the well-being of children and the ability of parents to care for them without unnecessary legal barriers. 

“Today, we celebrate a victory for all children and families in Delaware. By modernizing its laws to better reflect and protect today’s families, Delaware has set an example for states across the country,” said Jordan Wilson, executive director of COLAGE.

COLAGE is a nonprofit organization dedicated to supporting and empowering youth in LGBTQ+ families through activism and community. 

“We are grateful to the many families and advocates who worked tirelessly to advance this legislation, from the bill’s drafters to the COLAGErs who shared their lived experiences directly with lawmakers,” said Wilson.

“Delaware is strongest when the law respects and protects all families,” said Mark Purpura, board member of Equality Delaware, a statewide organization focused on promoting and ensuring dignity, safety, and equality for all LGBTQ+ Delawareans.

The bill’s sponsors and co-sponsors include Sen. Pinkney, Rep. Krista Griffith, Sens. Russ Huxtable, Raymond Seigfried, and David Sokola; and Reps. Alonna Berry, Mara Gorman, Kerri Harris, Eric Morrison, DeShanna Neal, Sophie Phillips, and Cyndie Romer.

Editor’s note: This is the first of two reports on the race for Delaware attorney general. Next week: An interview with the incumbent candidate, Kathy Jennings.)

Delaware is known as the state of “firsts” and it could deliver another first in this year’s elections if Dwayne Bensing becomes the first openly gay man elected attorney general of any state in the country. 

 The Washington Blade spoke with current Delaware ACLU Legal Director Bensing to discuss his campaign. He is challenging incumbent Attorney General Kathy Jennings in the Sept. 15 primary. 

Bensing is an Arkansas native who moved to Delaware from D.C. a decade ago. He is a UPenn law school graduate with a background in education both as a teacher and an attorney, having worked for the Department of Justice and then the Department of Education under the Obama administration. 

He left the DOE under the first Trump administration in 2020 after acting as a whistleblower in an effort to protect trans athletes from discrimination.

“As a whistleblower, I don’t shy away from calling out bad acts, even if it’s from the political elite or the establishment. That’s the kind of independent government oversight that I want to bring to the office of the attorney general,” Bensing told the Blade. 

One of the pillars of Bensing’s campaign is corporate accountability: “I don’t think billionaires need any more grease on the wheels to pad their pockets,” said Bensing.

Bensing criticized Jennings for her stance on corporations and the wealthy.

“I don’t think that our attorney general appreciates the moment that we find ourselves in, where the billionaire class is consolidating all of the wealth on the backs of the working class and consumers,” Bensing said. 

In particular, he knocked Jennings’s handling of the restructuring of OpenAI, as she and California Attorney General Rob Bonta approved the company’s transition from a nonprofit organization to a public benefit corporation. 

“The people’s voice is being diminished in so many ways by the corporate oligarchy and government establishment elite who’ve benefited from the system as it is,” said Bensing.

“I believe that we have to clean up our own backyard first and really solidify the ‘small d’ democratic norms of access to voting at the ballot box, access to a high-quality public education, and access to free speech,” said Bensing. 

Bensing also spoke about the mistreatment of unhoused persons and the unhoused camps that are being removed by the government in Wilmington. 

“For people who have no place to go and are in a public space, we need to make sure that we’re providing them the services so that they can lift themselves up, not criminalize their mere existence,” said Bensing.

Bensing shared his desire to reform the “Delaware way” by pushing Delaware to sort out its disagreements internally and hold the federal government and corporations accountable. 

“From my vantage point at the ACLU of Delaware, the Delaware way is a way to preserve the power, the influence, the resources of the establishment elite, and so those who are benefiting from the Delaware way,” said Bensing.

“I think we are a state of neighbors, as our congresswoman often reminds us, and I think that will always keep us polite without being aggressively disagreeable, but what I feel we are losing is that accountability piece,” said Bensing.

As a gay man, Bensing has been a staunch supporter of transgender rights and the LGBTQ community as a whole throughout his career. 

When asked about his plans to continue his support for the trans community. Bensing responded by saying “I’ve been on the front lines of this issue.” He also referenced the late Barney Frank, saying “If you’re not at the table, you’re probably on the menu.” 

“In private practice, I filed the very first federal district court case regarding the rights of transgender students under Title IX,” said Bensing.

Bensing continued the fight for trans youth while working in the DOE under the first Trump administration: “When I found myself in the Trump administration unexpectedly, I met with Secretary Betsy DeVos in her office, and I begged her to meet transgender students because I didn’t think she understood that our transgender students were being vilified by the very leaders who were sworn to protect them.”

As previously mentioned, Bensing left the DOE in 2020 after he leaked emails showing protocol violations in an investigation involving the treatment of transgender students. 

Bensing highlighted Delaware’s past as being a leader on the “front lines” of LGBTQ protections and emphasized the need to continue protecting LGBTQ rights. 

Last August, Jennings wrote a letter to Nemours Children’s Hospital imploring them to reconsider their decision to stop providing gender affirming care services to new transgender youth patients.  

Bensing criticized Jennings’s letter to Nemours, describing it as an example of Jennings having “more bark than bite.”

“Our attorney general wrote a strongly worded letter to Nemours while other attorneys general said we will sue you, and did sue when health care providers stopped providing life-saving healthcare to transgender youth,” said Bensing.

“Battle lines have been drawn and the attorney general needs to stand with LGBTQ+ youth on this issue,” said Bensing.

Bensing has also been president of the Delaware Stonewall Political Action Committee for five years. He explained that its mission is to elect LGBTQ individuals and allies to office. 

“It’s really important that we keep fighting for equal protection under the law, and that we show up in civic spaces, that we become elected leaders, that we become engaged members of our community,” Bensing said. 

Bensing recalled growing up gay in Arkansas at a time not too long ago when same-sex marriage was what we described as “a bipartisan issue of objection.” 

He shared his concerns over same-sex marriage losing support according to recent polls: “That’s a fight I think that many in the LGBTQ+ community thought we had won.”

“I know firsthand how fragile our constitutional rights are and how fickle the public can be when extending dignity to a minority group.” 

Rep. Sarah McBride (D-Del.) officially kicked off her re-election campaign this week with a grueling tour of her state that saw her visit 57 municipalities in just 57 hours. 

The tour culminated Monday evening in Rehoboth Beach with a packed crowd at the Convention Center. At least 400 attendees stood patiently in a line that wrapped around the block and snaked down Rehoboth Avenue. Once inside, a DJ entertained the ebullient crowd that kept busy batting beach balls around the venue. 

The crowd featured a large LGBTQ presence that cheered speakers including state Rep. Claire Snyder-Hall, state Sen. Russ Huxtable, and Delaware Democratic Party Chair Evelyn Brady, who introduced McBride. 

McBride took the stage to Chumbawamba’s “Tubthumping” and the lyrics “I get knocked down, but I get up again.” In her remarks, she touched on a record of introducing more bipartisan legislation than any other freshman lawmaker and touted an award her office won for providing superior constituent service.

“People want leaders who are focused on lowering costs, solving problems, and delivering results,” she said. “That’s exactly what I’ve worked to do in Congress, and that’s why I’m running for re-election – to continue delivering for and defending Delaware.”

McBride is the first transgender member of Congress and is Delaware’s sole representative in the U.S. House. She will face the winner of the Republican primary in November. Rev. Earl Cooper — a former Democrat McBride defeated two years ago — is running for the GOP nomination. The state primary election is Sept. 15 and the general election is Nov. 3.