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Several Rehoboth Beach
area residents spent a week in January lobbying Senators at Legislative
Hall in support of House Bill 99 (HB 99). The bill, sponsored by
Representative Oberle of Newark and Senator Henry of Wilmington, would
protect gays and lesbians in the areas of employment, housing, and
accommodations by adding “sexual orientation” to anti-discrimination
code. Marcia Maldeis of Maryland Avenue, and Hoyte Decker of Laurel
Street, joined members of the gay community, Mark Aguirre of Sussex
Street and Andy Dorosky of the Royal Rose Inn for the effort.
Milton resident Doug
Marshall-Steele, Sussex/Kent County Coordinator for the Gay and Lesbian
Project, coordinated the lobbying effort. He said, “Speaking with the
lawmakers one-on-one is extremely important. For one thing, it allows
them to see us gay people as human beings rather than just an issue:
this creates empathy. Also, speaking with each senator helps us address
their individual concerns, assess their position on the issue, and
personally thank those who support us. With so many benefits to this
type of lobbying, I am saddened that more gay people are not involved. I
want to say to them, ‘Where are your priorities? Where is your anger
in being forced to the back of the bus?’”
Nearly all of the dozen
Senators spoken to assured the contingent that they were firmly against
discrimination towards gays and lesbians. Eight of the twelve Senators
went even further to pledge their support for HB 99. They most often
expressed their support by wanting to convey to thousands of gays and
lesbians the same kinds of basic legal protection that the majority of
Delawareans have. A few of these Senators, including our own Senator
Bunting and Senator Sokola of Newark, related stories of threats,
harassment, and hate expressed in response to their co-sponsorship and
support of the legislation.
Four of the twelve
Senators said that they were inclined not to support HB 99. Of these
Senator Venables of Laurel, and Senator Still of Dover, were the most
significant. They are the tie-breaking votes of the Small Business
Committee that is keeping HB 99 from reaching the Senate floor for a
vote. The other two members of the committee are Senator Bunting and
Senator McDowell of Wilmington, also a co-sponsor of the bill. They both
would like to move the bill out of committee and to the floor of the
Senate for a vote. The fate of the bill looks precarious at best.
There were a number of
reasons expressed by the Senators for their reluctance to support the
bill. The most surprising came from Senator Venables who claimed that
discrimination against gays and lesbians did not exist in Delaware. He
also stated that the religious views of his constituents prevented him
from supporting HB 99.
At one point Dorosky
said that before he and his partner, Greg Oliver, purchased The Royal
Rose Inn the previous owners had admitted to them that they would
falsely claim that there were no vacancies to potential customers they
suspected as being gay or lesbian. The Royal Rose Inn now welcomes all
visitors. Another anecdote told of two women denied an apartment on
Baltimore Avenue last year once the landlord determined that they were
lesbians. The two examples occurred on a street considered to have more
gay and lesbian owned businesses than any other in the entire state.
Another reason not to
support the bill given by both Senator Still and Senator Bonini of Dover
involved the definition of sexual orientation in the new code. They
claimed that the current definition might encourage unjust litigation
that would raise legal costs to businesses.
HB 99 defines Sexual
orientation as meaning “heterosexual, bisexual, or homosexual
orientation, whether real or perceived.” The definition helps prevent
discrimination based on a mistaken impression of another’s sexual
orientation. It also protects one from unfairly having to declare his or
her sexual orientation in order to file a discrimination lawsuit. This
ostensibly would decrease litigation costs by eliminating the need to
prove sexual orientation as well as discrimination.
The Rehoboth group was
unable to speak to nine of twenty-one Senators. Of these Senator Simpson
of Milford was the most noteworthy. One redistricting plan currently
being considered would have Simpson representing the Rehoboth Beach
area. Later, Senator Simpson said that he does not support HB 99
because, “we should not support an unhealthy lifestyle.”
HB 99 passed a House of
Representatives vote in a 21 to 20 vote taken last year. The other
co-sponsors are Representatives Joe DiPinto, Stephanie Ulbrich, Helene
Keeley, and Dennis Williams, all of New Castle County.
If
you are interested in becoming involved with the Gay and Lesbian Project
please contact Doug Marshall-Steele by phoning 302-684-1032 or via
e-mail at CoreyAndDoug@hotmail.com.
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