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HB36 (revised version of the previous HB99) Passes House - Again!

As speakers lined up to testify at the recent House of Representatives hearing on HB36, things appeared promising for the bill. In fact, as 15 proponents—speakers from organizations including the Delaware State Bar Association, the Delaware State Education Association and the ACLU—articulated their arguments in favor of the anti-discrimination measure, little dissent was heard. The bill passed easily out of committee. While there was considerably more drama preceding the actual House vote as amendments were added, again the bill triumphed, earning a 22-18 vote right to go to the Senate. Again.

While the bill has picked up a moderate degree of momentum with the stronger House vote, even its clearest supporters seem cynical about its future in the Senate. This year.

"As Sen. George Bunting is fond of saying, this is a ‘when’ bill not an ‘if’ bill. It simply will happen when enough people realize what it actually does," said Rep. Pete Schwartzkopf, D-Rehoboth Beach. Schwartzkopf and Bunting are the sole sponsors of the bill who reside south of the canal. However, the legislation—a revised version of the long debated HB99—has bipartisan support in the balance of the state and solid backing of Gov. Ruth Ann Minner. HB36 would bar discrimination on the basis of sexual orientation in employment, public works contracting, public accommodations, housing and insurance. Religious groups would be largely exempt from the measure. "I don’t know how much more political pressure I can bring to this but I am hoping it does finally make it to the Senate floor and ultimately pass," said Minner in an interview prior to the House passage.

With the Legislature out of session and many of the major players traveling during the break, bets are hard to make. Senate Pro Temp Thurman Adams, D-Bridgeville, has yet to announce where the bill will be assigned. For six consecutive years, similar legislation has emerged from the House but been shelved by high ranking senators.

Lead sponsor of HB36, Rep. Bill Oberle, R-Beechers Lot, an upstate Republican, said, despite that history, he feels optomistic about HB36 particularly owing to the six amendments added to the bill by House representatives. The most significant of these changed the description of "sexual orientation" contained in the original bill, which defined it as "heterosexual, bisexual, or homosexual orientation, whether real or perceived." The amendment struck the language "real or perceived," which some critics of the bill said was overly broad and potentially problematic. The bill was also amended to specify that it would not impact on sections of Delaware law dealing with "marriage, adoption or the teaching of human sexuality in public schools."