Lawmakers and advocates gathered at Legislative Hall to unveil an historic proposal that would constitutionally protect equal rights for all Delaware residents regardless of who they love, how they identify, or their ability.
House Bill 199 would add “sexual orientation,” “gender identity” and “disability” to the Delaware Constitution’s equal rights clause, declaring explicitly that protection against discrimination based on these qualities is one of Delaware’s fundamental rights. If enacted, Delaware would be the first state in the nation to enshrine these protections for LGBTQ+ residents in its state constitution.
“In my first term as a state representative, we were still debating whether gay and lesbian people should be protected from discrimination. We finally settled that question and followed up by legalizing same-sex marriage and banning discrimination based on gender identity. In 2018, we passed an Equal Rights Amendment that guaranteed equal protection regardless of sex, and in January this year, we passed another amendment enshrining race, color and national origin in our Constitution,” said House Majority Leader Valerie Longhurst, lead sponsor of the amendment.
“But our work is not done. The legislation we announce today represents an ongoing, generational effort to ensure that equality is the law of the land in Delaware, and that no legal barrier stands in the way of fair treatment for all people, without regard to any of the characteristics that make us who we are.”
The General Assembly established the equal rights clause in the state constitution in 2019 for sex, then added race, color and national origin as classifications earlier this year. Constitutional amendments must pass the legislature in identical form in two consecutive General Assembly sessions. If this version passes, the same version must pass during the 152nd General Assembly in 2023-24.