Whatever Happened to HB 36?

No news is bad news for supporters of the antidiscrimination bill but there is the possibility of new momentum following the next election. SIx Delaware state representatives have announced they will not seek reelection for 2007—four are Republican lawmakers who opposed the bill, despite the dedicated encouragement of prime sponsor Rep. Bill Oberle, also an influential Republican from Beecher’s Lot. However, two secured "yes" votes for HB 36 leave the building as well—one a powerful co-sponsor of the bill—Rep. Joe DiPinto, R-Wilmington, and House Minority Whip Rep. Rob Van Sant, D- Woodcrest.

With a guarded sense of optimism, Rep. Pete Schwartzkopf, D-Rehoboth Beach notes that the bill could still receive a Senate vote during the special session Gov. Ruth Ann Minner is calling prior to the November elections. Minner, a proclaimed advocate of the legislation, has also been subdued in her lobbying.

"It is not dead until then, but seems unlikely this year. However, the make-up of the House will change next year and we could likely see added support on our side," said Schwartzkopf. However, although they have been close—22-18 in the last vote—the six straight years of House votes on HB 36 and its predecessor HB 99 are not the problem.

Defeatists of the bill are not the only ones that were less visible this session, even the strongest proponents such as The Delaware Liberty Fund, The Stonewall Democrats and Minner seemed resigned to the fate of the bill languishing on a long list of unheard bills.

"The Senate rules are the gist of the problem. As long as Thurman Adams is there I do not think it will surface in the Senate. Practically impossible," said Bob Martz, President of the Delaware Liberty Fund.

That sentiment is unfortunately prevalent even among staunch proponents and political watchdogs. John Flaherty, executive director of Common Cause of Delaware concurs with Martz. "Certain bills—and that is certainly including HB 36 and HB 99 prior—are so significant they deserve at least a fair up and down vote. If Senators Vaughn, Venables and Adams are so opposed then they should vote ‘no’ in public and let the balance of the Senate do the same," said Flaherty. "As issues such as this are ignored the public is growing more discerning about the representation, they deserve to know where their Representative and their Senator stand on issues," Fifty of 61 legislative seats go to the ballot box in November.

Adams, a Bridgeville Democrat, serves as Senate Pro Temp and has yet to announce another run. Under his leadership the House affirmed bill was assigned to unfavorable committees each year. Those committee heads have the power to simply shelve legislation such as HB 36 which prohibits a bias on the basis of sexual orientation in housing, employment, public works contracting, public accommodations, and insurance. Many exemptions are included such as religious groups and youth organizations.

Oberle, who has announced his candidacy and is currently running unopposed, is committed to reintroducing similar legislation in the new session.

Politicized and polarizing as it is, it just may prevail.

To find out how you can support the candidates that support equal rights for the GLBT community, visit DelawareLibertyFund.org or DelawareStonewall.com.