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
Rep. Sarah McBride reflects on first year in Congress amid political backlash
The Blade sat down with the Delaware Congresswoman to discuss her first year in office as her team gears up for the midterms
Delaware is widely known for its firsts. It’s the first state to ratify the U.S. Constitution, the first to join the Union, and the first to decide that no sales tax would be levied on its citizens.
Another historic first to come from Delaware is Sarah McBride. McBride is the first and only transgender member of Congress. The Blade sat down for an exclusive interview with the congresswoman to discuss a wide array of topics — from the Trump administration’s attacks on transgender service members to her current obsession with the reality TV show “The Traitors” — as well as her legislative work, which has already made her one of the busier members of her freshman class.
Her office in the Longworth House Office Building reflects the nuances of her political identity: deeply serious policymaking paired with an unmistakable sense of personality. Photographs of McBride with friends, family, and political heroes line the walls. A windowsill is filled with crystals. A “Bridgerton” pillow sits on her office couch — small artifacts that soften the institutional weight of Capitol Hill without diminishing it.
When asked how she was feeling more than a year into her first term, McBride acknowledged the climate she was elected into — marked by what she described as toxicity and division under Trump-era politics — but explained that she remains energized by the work ahead.
“I am more energized and motivated now than I was a year and a half ago,” said McBride from her Longworth office. “I’m also more hopeful than I was when I first started here. It was a couple of weeks before Donald Trump was sworn in – the chaos, the cruelty, and the fear was pretty pronounced.”
That sense of hope, she made clear, is not necessarily shaped by the noise inside Congress—including attacks from colleagues like Rep. Nancy Mace (R-S.C.) and Rep. Keith Self (R-Texas)— but instead by what she sees from the constituents she represents back home.
“I have seen the goodness of my neighbors, the goodness of people across Delaware who remind me, day in and day out, that the division and the toxicity we see online are not actually representative of real life. That social media can impact real life, but it’s not representative of it, and that is, for me, incredibly comforting, and I think, a profound reminder that we can still have conversations across disagreement, we can still persuade people, and we can still grow our ranks.”
That belief — that persuasion is still possible — serves as the through line for how McBride views both her role in Congress and the broader political moment. It also frames her sharp criticism of the Trump-Vance administration, which she argues is rooted less in governance than in destruction.
“Donald Trump is not a conservative, he is not a traditional Republican. Trump wants to destroy. His billionaire donors want to destroy. They thrive in a culture of cynicism. They want to destroy our attention span and mine what little remains for parts. They want to destroy jobs and health care so they can consolidate power for themselves, and in this moment, they want to destroy the international moral order so that the strong can plunder the weak.”
Still, she argues, that approach may be backfiring politically, something she says has only strengthened her sense of optimism.
“We have seen public opinion turn against the cruelty and incompetence of this administration, we’ve seen outrage and rightful opposition. One of the things that I feared early on was that this administration’s momentum would only grow, but instead what we’ve seen is that the cult of personality has begun to break. A growing and very large majority of Americans oppose what they’re seeing from this administration, and that is hope inducing for me. But beyond all of that, I am more motivated because of the change that I’ve been able to witness here in this office and on behalf of my constituents.”

That motivation is not abstract. It is measured in casework, legislative negotiations, and tangible dollars flowing back to Delaware. Alongside broader efforts, McBride co-sponsored the bipartisan “Equal Opportunity for All Investors Act” (H.R. 3339), which passed the House unanimously in 2025 while referred to the Committee on Banking, Housing, and Urban Affairs. The legislation broadened access to investment opportunities by allowing individuals to qualify as accredited investors based on expertise rather than wealth alone.
“Our office has returned roughly $5 million to individual Delawareans and secured roughly $150 million in critical investments for Delaware. I’ve been able to introduce more bipartisan bills here in Congress than any other freshman, and we’ve been able to prevent every single anti-trans bill or major provision from becoming law. That is something that I don’t know that I would have believed was possible, but it’s been a byproduct of the strategy that we have undertaken. In short, what I’ve seen is that we can still win hearts and minds and that you can still deliver for people here in Congress.”
That emphasis on strategy over spectacle defines much of McBride’s approach to politics. It also informs how she navigates her identity as the first openly transgender member of Congress. While her presence carries symbolic weight, she resists the idea that symbolism alone is sufficient.
“No single person can be the voice of any one community, certainly not a community as diverse as the entirety of the LGBT community. I believe that part of my responsibility as a trans person who has the privilege of serving here is to guarantee that while I may be a first, I’m not the last. One of the reasons why anti-trans politics has been so successful is because the right wing has characterized trans people, and one of the greatest things that I can contribute is helping to diversify the public’s understanding of who trans people are. That does far more to change the public’s perception and political dynamics than anything else that I could do.”
Much of that work, she emphasized, happens away from cameras and headlines. It’s an approach that has at times drawn criticism from some LGBTQ advocates who favor more confrontational tactics, but one she frames as essential to long-term change.
“In a social media age, we perceive advocacy to look like one very loud thing, but a lot of my work is also behind the scenes. Speaking out and posting a clip is not the only way to advocate for people; in fact, it’s often the avenue of last resort if you actually want to deliver results. Despite a campaign that spent $200 million in anti-trans ads and an administration obsessed with trans people, not a single anti-trans bill or provision has become law. That’s not by coincidence, it’s by hard work and a strategic approach to defending the LGBTQ community.”
That same discipline carries into how she handles political attacks and public scrutiny.
“When you are a first, people will be out in force to try to bait you into fights to prove that people like you don’t belong. If you respond to provocations, they will turn you into a caricature and say you’re the aggressor. My job is to be a proud Delawarean and a damn good legislator, and the rest will follow from that. When you don’t take the bait, you protect your ability to deliver results.”
That approach has helped her build unlikely alliances across the aisle.
“I made it clear that I was willing to work with anyone if we could find common ground to help my constituents. As a byproduct, a number of my Republican colleagues came up to me and said welcome to Congress and let’s find opportunities to work together. That has resulted in me being able to introduce more bipartisan bills than any other freshman. We’ve been able to secure investments and pass legislation that opens up more capital to entrepreneurs from underrepresented backgrounds.”
Looking ahead to the midterms, McBride is both cautious and pragmatic.
“I feel cautiously optimistic that if the election were held today, that Democrats would win a majority in the House, but the problem is that the election is not held today. Republicans will be out in force with a boatload of money and will continue to try to use people like me as a political wedge issue. We have to meet all voters where they are and keep our eyes focused on the universal needs that our constituents have. It’s going to require us to have a big tent from our left to our right so that we can meet this moment.”
“We should not put anything by the Republicans; they will seek to suppress the vote and undermine the will of the people. That reinforces the need for us to win by such a margin that our win is too big to contest. It’s going to require us to reach voters who didn’t vote for us and compete in places we have written off. If the stakes are as high as we say they are, then we need all of the help that we can get.”
Her focus on long-term party-building is equally central to her vision — one that would be willing to take a leadership position on if given the chance.
“I’m really grateful that our leadership has offered me opportunities to have my voice heard and to represent the caucus. I am eager to find any opportunity to elevate the voices of my constituents and contribute. My background was in communications, and I believe our party can find new ways to communicate with voters. Our caucus is going to be the tip of the spear in helping to rebrand our party and build a governing majority.”
“We need to deliver universal child care, a higher minimum wage, Medicare for all who want it, and millions of new homes. Winning the next election is not the end; we have to continue building toward a durable majority. I’m eager to contribute to that vision in any way that my caucus sees fit. That includes potentially serving in leadership if that’s where I can be most helpful.”

On foreign policy, she is equally direct. The ongoing war with Iran was something she, as a member of the House Foreign Affairs Committee, is not only familiar with but completely opposed to.
“The war is illegal, but it’s also stupid, and it is a catastrophe for the United States. [The Trump administration] has not achieved any of their stated goals, and everything that has been destroyed can be rebuilt. Iran now has more leverage globally, including control of the Strait of Hormuz. This war raised costs, lost lives, and achieved what was already achieved a decade ago without any of that.”
That frustration echoes in what she hears from voters at home.
“Delawareans are pissed, and they’re pissed because this president promised he would end wars and lower costs. He has broken both of those promises, costs are higher and there are more wars. They are facing higher costs when they were already struggling, and they see that his policies have made that crisis worse. People across this country are angry that those promises were broken.”
Concerns about political violence and digital radicalization also weigh heavily on her. Last week’s attack at the White House Correspondents’ Dinner is one instance of politically motivated violence continuing to fester and instill fear in the American political sphere.
“I was horrified when I heard that there were shots fired, and the rising tide of political violence is a cancer for our democracy. Social media is radicalizing people and fostering misinformation and conspiracy theories. When people see a world where everyone is either 100% with them or against them, they begin to believe persuasion is impossible. That is fertile ground for violent extremists and it is unsustainable for democracy.”
“Democracy requires faith in other people’s capacity to change, and when that belief is lost, peaceful politics breaks down. People are not as divided as the algorithms make it seem, and most people are good and decent. We can tap people’s better angels, but we have to be willing to be in conversation with them. You cannot tell me that change is impossible, I have seen it and lived it.”
That belief underpins her support for regulating social media platforms, though she is careful to stress that policy alone is insufficient. The congresswoman constantly faces threats, repulsive comments, and detestable words from people on her social media channels for her identity alone.
“There’s no question that we need regulation of social media platforms, social media is the 21st century big tobacco. Whether it’s liability, age limits, or transparency of algorithms, there are a host of solutions we need to pursue. But policy solutions alone will not solve this problem. We have to get offline and have conversations in person.”
“When we have conversations in person, we realize we have much more in common than we think. We are currently having political conversations in the most toxic place possible, online. That has to change if we want to sustain democracy. You will come away more hopeful when you engage with people face to face.”

Her LGBTQ priorities remain anchored in policy and humanism— something she references repeatedly.
“I helped draft the Equality Act and I would love to see it become law. In the nearer term, we should prioritize reversing the ban on transgender troops. These are decorated service members who have been fired for no other reason than their gender identity. They deserve to be treated with dignity and fairness and judged on their merits.”
She continued at length about the transgender service members removed under Executive Order 14183, emphasizing both their service and their erasure.
“These are individuals who are not just qualified, but more than qualified, who have been decorated service members, who have received promotions with unanimous and unqualified endorsement by their superior officers who have been fired from service to this country for no other reason than their gender identity. And I believe in this moment… there is no more effective representation of our community than the transgender service members who have put their lives on the line to serve this country and who have been treated with nothing but disrespect from this administration. They deserve to be treated with dignity and fairness and judged on their merits.”
Even in partisan fights, she returns to her guiding principle of discipline and restraint.
“Sometimes in politics you have to throw a punch with grace. Republicans initiated a mid-decade redistricting effort to gerrymander and pad their majority. They expected Democrats to fold, but those days are over. We fought back and we’re not going to let them steal elections in advance.”
When the conversation turns to how she maintains balance amid the chaos of national politics, McBride returns to unexpected sources of grounding — television, pop culture, and humor.
“I’ve watched every season of ‘The Traitors,’” she said.
When asked if she would ever take a trip to the Scottish Highlands to visit Alan Cumming’s castle, she said it would have to be after her work is done in Congress.
“If I was ever on ‘The Traitors,’ I would never be able to be a traitor. I would get too nervous and overwhelmed. I would have to be a faithful. But I think if there is a future where I am on that show, it will be after I’m in elected office.”
And through it all, she draws parallels between reality television and political life itself.
“If you want to understand how many in Congress work, the best tutorial is ‘The Real Housewives’ … There are people whose sole purpose is to get attention… If you throw wine back, they will just keep coming back for more … I’m not going to allow someone to get attention at my expense … I think all you need to understand is [Capitol Hill] is like an episode of ‘Real Housewives.’”
Still, for McBride, even amid the spectacle of Washington, the focus ultimately returns home.
“I am excited for beach season and I love Rehoboth and Baltimore Avenue,” she says. “It is the professional privilege of my lifetime to represent Delaware. I represent a district that is urban, suburban, and rural, and I get to see the full diversity of this country every day. Delaware shows that a different kind of politics is possible.”

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.”
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