DOVER, Del. — Delaware is set to become the 17th state to ban gender identity discrimination when the Senate voted 11-to-9 Wednesday to pass the Gender Identity Non-Discrimination Act. The bill adds gender identity to the existing list of protected nondiscrimination categories, including race, age, religion and sexual orientation. It also allows for enhanced penalties under Delaware’s hate crimes law for targeting someone based on his or her gender identity. The bill passed in the state House Tuesday, and was then passed again by the Senate Wednesday in order to accept a minor house amendment. The bill now moves to Gov. Jack Markell, who has been a leader in the fight for transgender protections and will sign the bill.
“The Delaware Legislature sent a clear message today that transgender residents deserve to be treated equally and protected under the law,” said HRC President Chad Griffin. “Delaware advocates and lawmakers are standing up and ensuring that the First State is one which welcomes all people, and provides the same protections and opportunities.”
“Equality Delaware is so grateful for the support and expertise of HRC in helping us pass the Gender Identity Nondiscrimination Bill,” said Equality Delaware President Lisa Goodman. “HRC stayed on the ground in Delaware through the entire process and was invaluable in helping us attain these protections for transgender Delawareans.”
In this session of the Delaware Legislature, the Human Rights Campaign has worked closely with Equality Delaware to build both public and legislative support for this legislation.
But the bill does have its critics. The Washington Post reported that Nicole Theis, president of Delaware Family Policy Council, said in a statement that the new law will infringe on the privacy rights of Delawareans, particularly women.
“The bottom line is women feel unsafe sharing restrooms, changing areas, and showers with biological males and should not be forced to do so,” she said.
“This bill is not a remedy for injustice,” Theis added. “It creates more injustices than it purports to address. We expect legislators to make policies for the common good and find solutions for the exceptions without rejecting and redefining the foundations of social order.”
When this bill is signed into law, Delaware will become the 17th state, along with the District of Columbia, to prohibit discrimination on the basis of gender identity and expression.
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