Just a month after Delaware approved marriage equality, the state has once again gained another victory for the LGBT community.
On June 18, the Delaware House of Representatives voted 24-17 for the Gender Identity Nondiscrimination Act, which would prohibit discrimination on the basis of gender identity in regard to employment, housing and public accommodations. The Senate approved the legislation the following day, and Gov. Jack Markell summarily signed it into law.
The state adopted a nondiscrimination law inclusive of only sexual orientation in 2009.
In response to critics who argued that the law could be misused, the House amended the legislation to clarify that gender identity is evinced by one’s “consistent and uniform assertion of the gender identity or any other evidence that the gender identity is sincerely held as part of a person’s core identity.”
Sixteen states and Washington, D.C., have gender-identity nondiscrimination laws, and Delaware is just the second state to pass such legislation after adopting a marriage-equality law.
Equality Delaware board member Sarah McBride said she and other agency leaders and volunteers began canvassing for the bill six months ago.
“We helped take the lead in terms of making personal and broader societal arguments,” she said. “I helped organize the trans community in Delaware to engage them on the bill and keep them informed.”
EQDE president Lisa Goodman said the organization worked for this measure alongside the push for marriage equality.
“It had equal importance to our marriage-equality work and we were advocating actively and lobbying for the bill starting back when our legislators went into session in January, but we started working on behalf of the bill before that,” Goodman said.
McBride said the adoption of this legislation, as well as the recent marriage victory, speaks to the progressive atmosphere in Delaware.
“There is no question that this legislative session has been historic. It speaks volumes for the courage and compassion of our legislation and governor, who have taken the lead on ensuring that we will bring marriage equality for some in the LGBT community, but also addressing the rights and needs of every LGBT person,” she said. “It says that Delaware is welcoming and safe for everyone and I think that’s something I have known, but now the rest of the country can know.”
McBride was born and raised in Delaware and said she feels more comfortable residing in her home state now that there are protections for the transgender community.
“Just the piece of mind going into a restaurant and knowing that I have every right to be there like everybody else, going into a retail store, applying for a job or renting a house, I know that who I am is not a disqualifier,” she said. “Having gone to school in D.C. where there are protections, I noticed a difference of my comfort level and security, compared to in Delaware. I finally feel that I am welcomed into the state, that laws and government and society say that trans people deserve to be treated with dignity and fairness and we are people. That is a powerful message.”
The gender-identity law took effect immediately, and the marriage-equality measure goes into effect July 1.
But, Goodman said, there are still a number of other LGBT issues that need attention.
“There is always work to be done around gay youth in terms of anti-bullying, homelessness, and education to be done on behalf of transgender Delawareans and our neighboring states. There is always a tremendous amount of work to be done.”