After a decade of fits and starts, a bill that will add sexual orientation to Delaware’s discrimination laws passed both houses of the General Assembly late in the evening June 24.
The legislation cleared the Senate after a lengthy debate and was brought to the floor of the House shortly thereafter, where it passed with little discussion.
Gov. Jack Markell has said he will sign the bill, which prevents discrimination based on sexual orientation in all matters related to housing, employment, public works contracting, public accommodations and insurance.
Last week, Sen. David Sokola, D-Newark, resurrected a House bill that died in committee several weeks ago. The duplicate bill was given a Senate number designation and breezed through a hearing in a friendlier committee June 17. It was supposed to come before the full chamber on June 23, but the unexpected death of Senate President Pro Tempore Thurman Adams Jr. put all agenda items on hold until the following day.
Before the Senate voted 14-5 in favor of the measure, Sokola and the bill’s supporters spent the better part of four hours shooting down a group of amendments that would have weakened the legislation.
Sen. Robert Venables, D-Laurel, filed three amendments that sought to assuage concerns raised by opponents of the bill. Namely that, if enacted, the legislation would lead to legalized same-sex marriage, force the teaching of homosexuality in public schools and let loose a deluge of discrimination lawsuits against small businesses.
Venables’ first amendment would have added language to the bill that explicitly directed the state’s courts not to use the discrimination code as legal footing to endorse the recognition of same-sex marriages. His second amendment would have prohibited public schools and their personnel from discussing or acknowledging homosexuality in any way.
The last amendment would have provided an exemption from the law for anyone who harbors a “sincerely held religious or conscientious belief regarding the definition of marriage.”
Under the amendment, those who fit the description would not be subject to any civil or criminal penalties if they chose not to provide equal public services to gays and lesbians.
Venebles said the amendments were necessary to protect public morality and shield from legal action those business owners with religious antipathy towards homosexuals.
Supporters of the bill countered that the same-sex marriage and public education amendments were unnecessary, and that the religious exemption was warped and not in keeping with the tenants of a lawful society.
All three amendments failed by a vote of 6-12. Two senators were absent from the votes and Adams’ seat does not count, since it is vacant.
When the bill reached the House, Minority Whip Daniel Short, R-Seaford, attempted to attach his own versions of Venebles’ amendments, but they too were defeated.
