By Katie Redefer

DOVER — Lawmakers from the 151st Delaware General Assembly unveiled plans for a new equal rights amendment to the state’s constitution, which would increase protections for LGBTQ+ Delawareans and persons with disabilities, per a Thursday morning rally at Legislative Hall.

The rally began with dozens of locals, activists, and lawmakers gathered on the east steps outside Legislative Hall to support the newly proposed legislation. Lawmakers discussed the proposed House Bill 199, which would prohibit discrimination towards the LGBTQ+ community and persons with disabilities in Delaware.

“The legislation we announce today represents an ongoing, generational effort to ensure that equality is the law of the land in Delaware, and that no legal barrier stands in the way of fair treatment for all people, without regard to any of the characteristics that make us who we are,” said House Majority Leader Valerie Longhurst, who is the primary sponsor to HB 199.

The 151st Delaware General Assembly is the most diverse in the state’s history, according to State Sen. Sarah McBride.

“I am proud to stand alongside my colleagues, including the most diverse General Assembly in our history, three out LGBTQ+ members that, between the three of us, represent pretty much every letter in the acronym,” said Sen. McBride, who became the first transgender woman elected to a state senate seat in the country this past November.

Sen. McBride was accompanied at the rally by State Sen. Marie Pinkney, the first Black lesbian woman to be elected to the General Assembly, and State Rep. Eric Morrison, the first openly gay man elected to the General Assembly, all of whom are sponsors for HB 199. The trio also serve as co-chairs to the new LGBTQ+ caucus formed last month.

“Especially as one of the first three openly LGBTQ+ individuals ever elected to the Delaware State Legislature, I’m proud to sponsor this legislation helping to ensure equality for and prevent discrimination against Delawareans regardless of their sexual orientation or gender identity,” said Rep. Morrison. “Not only is the legislation itself important, but it sends a strong message to LGBTQ+ Delawareans that we are of value — especially vulnerable young people and people who are not ‘out.’ It’s also very important that this legislation protects individuals with disabilities— and as an extension, their loved ones.”

HB 199 proposes an amendment to add ‘sexual orientation,’ ‘gender identity,’ and ‘disability’ to the Delaware Constitution’s equal rights clause, per state officials. If enacted, Delaware would become the first in the country to explicitly protect these rights for LGBTQ+ persons in its state constitution.

“Today is a historic day to be a person with a disability and a historic day to be LGBTQ, because today we join together to rededicate ourselves to equality, and to fulfill our responsibility as Delawareans to lead this country toward a fuller understanding of We The People,” Sen. McBride said.

The General Assembly first established its equal rights clause in 2019 on the basis of sex, and then incorporated race, color, and national origin into the law earlier this year, according to state officials. HB 199 likely will not be enacted into law for at least two years, as constitutional amendments must pass the legislature in identical form in two consecutive General Assembly sessions. The current legislative session will end on June 30, and HB 199 has been assigned to the House Administration Committee.

“Ultimately, this constitutional amendment is the foundation of future progress because it makes clear, in the highest law of our state, that our government must treat everyone equally,” Sen. McBride said.

Rep. Kendra Johnson, chair of the Delaware Legislative Black Caucus and a sponsor to HB 199, spoke on the importance of visibility for issues concerning people with disabilities, and how they are often overlooked in conversations about discrimination.

“We have a long history of mistreating and overlooking people living with disabilities, in this state and across the country,” Rep. Johnson said. “These people are not new to our society. But as we update our laws and advance in this world, we need to continue to fight for people who are living with different abilities.”

“Those living with disabilities and different abilities face enough barriers and stereotypes as it is, and we can no longer afford to allow nondisabled people to dictate anything that hinders people with disabilities, their family and friends. This amendment is another step forward to positively impact those with disabilities in Delaware, so they never feel like second-class citizens,” she said.

Lawmakers spoke on the importance of understanding how topics like race, disability, gender, and sexuality all are interconnected — often known as intersectionality — and thus, all forms of discrimination should be addressed by state laws cohesively and equally.

Sen. Pinkney asked attendees to join her in the continuous march for equality of all genders and sexualities.

“Today, I ask all of you that as we start this work here, that you continue to march on with us as we continue to work,” she said. “The reason that we’re doing this is so that, one day, we don’t have to do this. So that one day, we don’t have to have press conferences acknowledging the rights of gay, lesbian, transgender, questioning, queer, or bisexual individuals — because we will be normalized.”