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Delaware Becomes 17th State to Outlaw ‘Gay and Trans Panic’ Defense

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Delaware Becomes 17th State to Outlaw ‘Gay and Trans Panic’ Defense


Delaware has become the 17th state to ban the “gay and trans panic” defense.

Gov. John Carney signed a bill to this effect into law September 24. It states in part, “In any prosecution or sentencing for an offense, a defendant is not justified in using force against another based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth.”

State Rep. Eric Morrison, a gay man, was chief sponsor of the bill in the House of Representatives, and Sen. Sarah McBride, a transgender woman, was primary sponsor in the Senate. Delaware’s other LGBTQ+ legislators, Reps. Marie Pinkney, DeShanna Neal, and Kerri Evelyn Harris, were involved in the effort as well, as was Equality Delaware.

Much of the work to pass the bill centered on educating legislators, Morrison tells The Advocate. “Many of them were absolutely shocked that this existed,” he says. “Once you educated them about that, they said this is outrageous.”

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The panic defense seeks to justify a defendant’s action on the basis that the defendant lashed out due to being deeply upset about nonforcible sexual advances from or sexual contact with an LGBTQ+ person. It hasn’t been used a lot in Delaware, but Morrison says he knows of at least five instances. It’s hard to track because it’s usually used as a secondary defense in conjunction with a plea of self-defense or insanity, he says.

“Gay and trans panic defenses are rooted in antiquated ideas that being LGBTQ is a mental illness, and rely on the assumption that it is reasonable for a perpetrator to react violently to discovering the victim’s sexual orientation or gender identity or to a romantic advance by an LGBTQ victim,” notes a 2021 report from the Williams Institute, a think tank on LGBTQ+ issues at the University of California, Los Angeles, School of Law. “Since the 1960s, the gay and trans panic defenses have appeared in publicly reported court opinions in approximately one-half of the states.”

The Delaware bill had widespread support in both chambers of the legislature, Morrison says, but a question arose in the House about why it didn’t address panic defenses involving other aspects of a victim’s identity, such as race or religion. But the panic defense is specifically an LGBTQ+ issue, he says, and he and others sought to keep the spotlight on LGBTQ+ people.

Another state that banned the defense recently was New Hampshire, where Gov. Chris Sununu signed that bill into law in August. In addition to the 17 states, the District of Columbia has banned it.

Ten years ago, the American Bar Association passed a resolution saying all states and the federal government should outlaw the defense. Legislation has been introduced at the federal level but has not advanced.

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Delaware has been a leader in pro-LGBTQ+ legislation, having been an early adopter of marriage equality and civil rights protections for trans people. But this is the first pro-LGBTQ+ law it enacted since 2018, when it barred licensed professionals from subjecting minors to conversion therapy.

Pictured: Delaware Sen. Sarah McBride and Rep. Eric Morrison



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Delaware

Live Results: Delaware 2024 election results for President, House and Senate

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Live Results: Delaware 2024 election results for President, House and Senate


The polls have officially closed in Delaware after voters cast their ballots for president and several key races across the state, including possibly historic outcomes for both the U.S. Senate and U.S. House.

President: Kamala Harris (D) vs. Donald Trump (R)

If you’re having trouble viewing results, click here.

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At the top of the ballot, Democratic Vice President Kamala Harris, Republican former President Donald Trump and three third-party candidates will compete for the state’s three electoral votes in the race to replace Democratic President Joe Biden, who served 36 years representing Delaware in the U.S. Senate.

Delaware is considered a democratic stronghold and many experts and polls expect it will stay that way for the presidency in 2024. The First State last elected George H.W. Bush in the 1988 election, and has since remained blue through eight presidential election cycles. 

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U.S. Senate: Lisa Blunt Rochester (D) vs. Eric Hansen (R)

If you’re having trouble viewing results, click here.

Democratic U.S. Rep. Lisa Blunt Rochester is running against Republican Eric Hansen in the race to replace U.S. Sen. Tom Caper, who is not seeking reelection. 

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Blunt Rochester became Delaware’s first Black female Senator and the third Black woman ever elected to the U.S. Senate, and the first since Harris became Vice President.

Blunt Rochester held the state’s sole U.S. House seat since 2017 and was the first African American and the first woman to represent Delaware in Congress. 

U.S. House: Sarah McBride (D) vs. John Whalen III (R)

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If you’re having trouble viewing results, click here.

Democratic state Sen. Sarah McBride and John Whalen III ran to replace Blunt Rochester in the U.S. House.

A McBride win would make her the first transgender federal elected official and the youngest Delaware has sent to Washington since Biden won a Senate seat in 1972.

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Governor, State Senate, State House

If you’re having trouble viewing results, click here.

Voters in Delaware will pick a new governor after Democrat John Carney decided not to run for re-election and launched his campaign for Mayor of Wilmington.

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The blue-leaning state will pick between Matt Meyer (D) and Michael Ramone (R) to be the next governor. Meyer, a former school math teacher and small business owner, is focused on fixing Delaware’s “broken and underfunded education system.” Ramone, the Delaware House minority leader, has vowed to be a “governor for all” and fill his cabinet with “varying viewpoints” that will focus on improving education, business and public safety.

Voters also selected candidates from nine of the state’s senate districts, and Delaware House of Representatives candidates from 40 legislative districts.



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Democrat Matt Meyer and Republican Michael Ramone square off in Delaware's gubernatorial contest

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Democrat Matt Meyer and Republican Michael Ramone square off in Delaware's gubernatorial contest


Ramone has argued that Delawareans would be better served by restoring political balance to state government. Known for his willingness to work across party lines, he has won reelection several times in a district where Democrats heavily outnumber Republicans. His reputation for bipartisanship could help him appeal to moderate Democrats and unaffiliated voters, but he faces an uphill battle in solid-blue Delaware, where voter registration numbers favor Democrats.

Both Meyer and Ramone focused heavily on education during the gubernatorial campaign. Meyer, a former middle school math teacher, says his priorities include increased funding for public schools, particularly for low-income students, students with disabilities and English language learners. He also has called for universal prekindergarten and higher salaries for public school teachers.

Ramone supports performance-based incentives for Delaware teachers, expanded access to voucher programs and more money flowing to classrooms instead of school administration.

Ramone, who was elected to the state House in 2008, became the GOP gubernatorial nominee after winning 72% of the vote in a three-way GOP primary.

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Meyer advanced to the general election contest against Ramone after defeating Lt. Gov. Bethany Hall-Long and former state Environmental Secretary Collin O’Mara in a Democratic primary. Meyer, who took 47% of the vote, led all candidates in fundraising, but he also was helped by a scandal involving Hall-Long’s campaign finances and reports about her office staff being used for non-government work.

Outgoing Democratic Gov. John Carney, who is prohibited by law from seeking a third term, appeared poised to become mayor of Wilmington, Delaware’s largest city, after winning a September Democratic primary.

Polls are open from 7 a.m. to 8 p.m. on Tuesday.



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Delaware Co. Auditor: ‘We’re trying to reestablish trust' during 2024 election

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Delaware Co. Auditor: ‘We’re trying to reestablish trust' during 2024 election


MANCHESTER, Iowa (KCRG) – According to Carla Becker, Delaware County Auditor, the 2024 election is “just a strange little election.”

She said there are a couple of reasons for that.

One—the window of time to apply for a mail-in absentee ballot was shorter than in years past. She said people also seemed to be cagier about the mail in general.

“There’s a little—I don’t want to say distrust, but [people are] just a little worried about the the mail and how long it’s taking our out-of-state mail,” said Becker.

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Other reasons that make this a “strange” election also had to do with trust.

“We’re trying to reestablish trust in the process,” said Becker. “I think [people] lost that a little bit. I think, you know, through the the activities that happened in ’20 and after the election was over.”

Becker was talking about the attack on the U.S. Capitol on January 6, 2021 by some supporters of former President Donald Trump. The attack disrupted Congress as it began the process to certify the results of the 2020 election.

Becker wasn’t the only person to talk about trust.

TV9 posted up in front of the Lindale Mall in Cedar Rapids and stopped a few people on the street to hear their perspectives.

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“There’s not a lot of trust, I don’t think, on either side. Doesn’t matter who you’re going to vote for. So that’s disturbing,” said Lori Mitchell of Cedar Rapids.

“I hope it doesn’t cause an uproar. You know, I hope that people stay sane. Either way, whoever wins, you know?” said Ayanna Quinn.

“I’m pretty nervous about all of it. I think there’s a lot on the line right now and — kind of nervous about all the division and everything,“ said A.J. Truelove of Marion.

Voters were rattled by the past and anxious about the future, but Becker said she and other election officials were doing their part to rebuild a sense of trust.

“Just building that confidence again in elections,” said Becker.

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