Category: DELAWARE

Mid-Atlantic Progress: How LGBTQ+ Protections Stack Up in NJ, MD, DE, and VA

While the national conversation around LGBTQ+ rights often focuses on the West Coast or New England, the Mid-Atlantic region has quietly become one of the most dynamic legal battlegrounds in the country. From pioneering healthcare access to a historic marriage equality vote on the horizon, the laws of New Jersey, Maryland, Delaware, and Virginia tell a fascinating story of progress, defense, and active legal engineering.

Whether you are looking to relocate, working in advocacy, or just keeping tabs on civil rights, here is how these four neighbor states compare when it comes to protecting their LGBTQ+ residents.

1. New Jersey: The Brand-New Legislative Firewall

New Jersey has long held a “Safe Haven” designation from major equality groups, but until recently, its protection for transgender healthcare relied entirely on an executive order from the governor’s office. Because executive orders can be easily undone by a future administration, advocates pushed for years to codify these rules into permanent law.

  • The Big 2026 Update: On June 30, 2026, the New Jersey Legislature passed A2218/S2260, a comprehensive statutory shield law.
  • What the Law Does: This statute creates an absolute legal firewall. It legally prohibits New Jersey state courts, law enforcement, and medical boards from cooperating with out-of-state subpoenas, extraditions, or investigations targeting those who receive or provide gender-affirming care in New Jersey.
  • Everyday Protections: Under the Law Against Discrimination (LAD), New Jersey boasts some of the country’s strongest bans on discrimination in housing, employment, and public accommodations.

2. Maryland: Setting the Medicaid Gold Standard

Maryland is a powerhouse of structural equality, focused heavily on ensuring that legal protections translate to actual, affordable healthcare access.

  • The Trans Health Equity Act: Effective in 2024, this landmark law requires Maryland’s Medicaid program to cover comprehensive, medically necessary gender-affirming care. Rather than treating transition-related care as “cosmetic” or optional, Maryland codified it as a fundamental medical right.
  • Civil Rights & Safe Haven: The state’s “Fairness for All Marylanders Act” has protected gender identity and sexual orientation in housing, work, and public spaces since 2014. Additionally, Governor Wes Moore signed an executive order establishing Maryland as a safe state for out-of-state individuals seeking gender-affirming medical services.

3. Delaware: Protecting Rights Under Executive Defense

Delaware has strong, comprehensive civil rights statutes on the books protecting LGBTQ+ individuals from discrimination in housing, employment, and public spaces.

  • The Healthcare Shield: While Delaware has legislated shield protections for reproductive care (like abortion), its protections for gender-affirming care have largely been bolstered by the executive branch.
  • Executive Order 11: In June 2025, the Governor signed Executive Order 11. This directive prevents state agencies from cooperating with out-of-state investigations or extraditions related to lawful gender-affirming medical care provided within Delaware’s borders.
  • Identification: Updating birth certificates and driver’s licenses to match an individual’s gender identity is streamlined, requiring only a simple supporting statement from a licensed medical or social work professional.

4. Virginia: The Southern Battleground & The 2026 Ballot

Virginia occupies a unique space on this list. In 2020, it made history by passing the Virginia Values Act, becoming the first Southern state to enact comprehensive civil rights protections for LGBTQ+ residents in employment, housing, and public spaces. However, enforcement has faced political friction and rollbacks, particularly regarding school policies.

  • The 2026 Marriage Amendment: On November 3, 2026, Virginia voters will head to the polls to decide on a major, proactive constitutional referendum: the Repeal Same-Sex Marriage Ban Amendment.
  • What is at Stake: While same-sex marriage is federally protected under Obergefell v. Hodges, Virginia’s state constitution still contains outdated, unenforceable language banning same-sex unions. This referendum will officially strike that language and enshrine an affirmative, constitutionally protected right to marriage regardless of sex, gender, or race. It is one of the nation’s only proactive pro-LGBTQ+ ballot measures in 2026.

Side-by-Side: The Mid-Atlantic Landscape

StateNon-Discrimination LawsTransgender Healthcare ShieldState Medicaid CoverageNotable Highlight
New JerseyExplicit & Robust (LAD)Statutory Law (Passed June 2026)CoveredCompletely codified protections to survive shifting administrations.
MarylandExplicit & RobustExecutive OrderCovered (Trans Health Equity Act)Exceptional, legally mandated Medicaid coverage for gender-affirming care.
DelawareExplicit & RobustExecutive Order 11CoveredSeamless identity document updates via simple self-attestation.
VirginiaExplicit (Virginia Values Act)NonePartially Covered (highly variable)Currently voting to enshrine marriage equality in its state constitution.

The Takeaway

The Mid-Atlantic is a vital region for LGBTQ+ rights. While New Jersey has just finalized its legal fortress with a new legislative shield, Maryland leads the way in equitable healthcare funding, Delaware stands tall with deep executive protections, and Virginia remains the ultimate battleground—where the community is actively voting to secure the future of marriage equality at the ballot box.

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Delaware approves amendment protecting same-sex marriage

Read more at the Washington Blade.

The Delaware General Assembly passed Senate Substitute 2 for Senate Bill 100 on the last day of the legislative session on Tuesday after being rescinded last week. 

Senate Substitute 2 for Senate Bill 100 (SB-100) passed with 28 ‘yes’ votes, meeting the two-thirds threshold required for the bill to pass. Tuesday was the last day of the 153rd General Assembly. 

The amendment would enshrine the right to same-sex and interracial marriage in the Delaware Constitution. 

SB-100 was rescinded last week after it did not receive enough votes to pass. Democrats were short by three votes, with two Democratic members missing from the vote.

Rep. Josue Ortega (D-03) voted ‘no’ on SB-100 and Rep. Medinah Anton-Wilson (D-27) did not vote. However, both members voted ‘yes’ for Senate Substitute 2 for SB-100 on Tuesday. 

Prime sponsor of SB 100, Rep. Claire Snyder-Hall (D-14), made the technical decision to change her vote last week from a ‘yes’ to a ‘no’ at the last minute to keep the bill alive. 

Additionally, Republican Assemblyman Michael Smith (R-22) joined the Democrats with a ‘yes’ vote after voting ‘no’ on SB-100 last week. 

In order for SB 100 to be enshrined into the state Constitution, it must be passed by two consecutive General Assemblies. Thus, the amendment will not be officially added to the Constitution unless it passes in the 154th General Assembly next year. 

Rep. Snyder-Hall introduced the measure earlier this week. 

“Just one week ago, we failed to pass this legislation. We failed the people of Delaware. But today, on the final day of the legislative session, the 153rd General Assembly affirmed that every Delawarean has the fundamental right to marry the person they love, regardless of race or gender,” said Snyder-Hall.

“Thank you to my colleagues for recognizing that the right to marry is a right worthy of protection and for voting yes on this important constitutional amendment.” 

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Delaware fails to pass amendment protecting marriage equality in “egregious vote”

Read more at LGBTQ Nation.

A proposed amendment to enshrine same-sex and interracial marriage protections into the Delaware Constitution failed in the state House on Tuesday.

The amendment had passed the state Senate earlier this month, but lost by four votes in the House, where a 2/3 majority of 28 votes was needed. Two Democrats did not vote in favor of the bill. State Rep. Josue Ortega (D) voted no, while state Rep. Madinah Wilson-Anton (D) did not vote.

Gay state Rep. Eric Morrison (D) told the Washington Blade that an anonymous Republican had agreed to vote yes, which would have secured the 28 votes needed if all 27 Democrats also voted yes, but the GOP lawmaker did not keep his word.

Ortega, the Democrat who voted no, told WHYY it was his “duty as an elected representative… to listen to the concerns of the people I serve.”

“After carefully considering the feedback I received,” he continued, “I concluded that I will be voting no, because it was the best decision that best represented the majority of my constituents.”

Rep. Claire Snyder-Hall (D), who sponsored the measure, also ended up voting no, but she explained she did so as a strategic decision once she realized the amendment did not have enough votes to pass.

“That’s a maneuver that allows me to bring this bill back up,” she explained in a video, “because I’m still hopeful that we’re going to be able to get the votes we need to pass this basic bill.”

“Today, the General Assembly turned its back on the people of this state,” Snyder-Hall wrote in the caption of her post. “Every Delawarean deserves the right to marry the person they love, regardless of race or gender. But today, when we had the chance to add an extra layer of protection from attempts to turn back the clock and strip our constituents of the rights that Democrats fought for decades to secure, we failed.”

She emphasized that she will keep fighting. “The groups most affected by this egregious vote are no strangers to setbacks,” she said. “There are still three legislative days left in the 153rd General Assembly and I am hopeful that we will be able to get the votes required to pass this incredibly basic – but important – bill.”

The Blade explained that the bill must pass before July 1, when the two-year-long session ends, or else another attempt to pass it will take at least three years.

State Rep. Mike Smith (R) defended his no vote and the lack of support from his party in a statement to WHYY: “This is just restating rights that have already been protected under Delaware law. It’s important for constituents to know that.”

State Rep. Kamela Smith (D), on the other hand, said she voted yes despite her own religious beliefs due to her “responsibility here as a legislator, and that responsibility is to uphold the constitution.”

“My job is to make sure that the law works fairly for everyone,” she continued, “even when people don’t all believe the same things I do.”

Delaware Attorney General Kathy Jennings (D) called the assembly’s failure to pass the amendment “shocking and upsetting” and a failure “to advance a basic, core tenant of equality.”

“Failing to permanently enshrine those protections in our state’s Constitution is an appalling abdication of the state government’s duty to guarantee the rights of every Delawarean,” she added. “It adds insult to injury that this vote was cast in the closing days of Pride Month.”

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What states are the best for LGBTQ+ people? These are the top 15

Read more at the Advocate.

Legislative attacks on the LGBTQ+ community have been pushed everywhere from city councils to the White House — but there are still some areas that are safe.

Over 1,000 anti-LGBTQ+ laws have been proposed across every state legislature in the U.S. over the past two years, according to the American Civil Liberties Union, and 126 have passed into law. Less than two months into the 2025 legislative session, 390 laws targeting LGBTQ+ people have been proposed.

Still, marriage equality and anti-discrimination protections based on sexual orientation and gender identity are still guaranteed federally by U.S. Supreme Court rulings (for now). On top of that, at least 15 states have “shield laws” protecting access to gender-affirming care and abortion.

Based on laws surrounding marriage, family rights, health care, education, and youth collected by the Movement Advancement Project, here are the 15 best states for LGBTQ+ people.

The states include California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington. Honorable mentions go to Washington DC, Delaware, Hawaii, Michigan, New Mexico, and Virginia.

You can read about each state in more detail in the Advocate’s article.

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Unpopular Texas Congressman adjourns hearing after blowup over McBride introduction

*The Hill is reporting the unpopular Texas Congressman Keith Self has no sense of decorum on his own committee. Read below.

A House Foreign Affairs subcommittee hearing ended abruptly Tuesday after Rep. Keith Self (R-Texas) referred to Rep. Sarah McBride (D-Del.), the first transgender person elected to Congress, as “mister.” 

Self, who chairs the subcommittee on Europe, introduced McBride as “the congressman from Delaware” during a hearing on arms control and U.S. assistance to Europe. McBride responded by calling Self “Madam Chair.” 

As McBride delivered her remarks, ranking member Bill Keating (D-Mass.) interjected, asking Self to repeat his introduction. 

“Mr. Chairman, you are out of order,” Keating said. “Mr. Chairman, have you no decency? I mean, I’ve come to know you a little bit, but this is not decent.” 

“We will continue this hearing,” Self responded. 

“You will not continue it with me unless you introduce a duly elected representative the right way,” Keating said. 

Self then adjourned the hearing. 

In a post on the social platform X, Self said, “It is the policy of the United States to recognize two sexes, male and female,” referring to an executive order President Trump signed during his first hours back in office. 

Spokespeople for Keating and McBride did not immediately return requests for comment. 

Self’s intentional misgendering of McBride is not the first time the first-term lawmaker has faced jabs from her Republican colleagues over her identity. On Feb. 7, ahead of McBride’s first floor speech, Rep. Mary Miller (R-Ill.) introduced McBride as “the gentleman from Delaware.” 

McBride brushed off Miller’s introduction. “FWIW, there’s an entire speech after I’m recognized by the acting speaker that’s worth a watch much more than the 15 second video of me being called on,” she wrote on X after a video of the introduction went viral. 

Other House GOP members have referred to McBride as “a man” on social media and moved to bar her from women’s restrooms on Capitol grounds. In interviews and social media posts, McBride has called Republicans’ targeting of her and the trans community “an attempt to distract” from issues like the rising cost of living. 

“I think we are all united that attempts to attack a vulnerable community are not only mean-spirited, but really an attempt to misdirect,” McBride told CBS News’s “Face the Nation” in a November interview. 

Still, McBride has signaled a willingness to work with Republicans in Congress. She introduced her first bill, legislation to tackle fraudulent practices in the credit repair industry, with Rep. Young Kim, a California Republican. 

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Sarah McBride could be 1st openly trans person in Congress, but her focus is on results for Delaware

This blog originally appeared at ABC News.

“We’ve shown that small states can do big things,” she said.

Sarah McBride is making history as she could become the first openly transgender person to be elected to Congress. However, she remains focused on delivering results and making positive changes for her constituents in Delaware. Advocating for healthcare, education, and workers’ rights, McBride’s campaign centers on addressing the needs of the community she aims to serve. While her groundbreaking candidacy is significant, she is determined to prioritize the well-being and progress of her state, highlighting the importance of her legislative agenda over her personal identity.

Sarah McBride vies to be the nation’s first openly transgender congressperson

McBride, 32, has been serving as a Democrat in the first district of the Delaware state Senate since 2020.

click here to see full blog: https://abcnews.go.com/Politics/sarah-mcbride-1st-openly-trans-person-congress-focus/story?id=100437396

Sarah McBride is used to being first. She was the first openly transgender person to work in the White House, the first to speak at the Democratic National Convention and the first to become a state senator, in Delaware.

If the campaign she announced on Monday is successful, she will be the first transgender person to serve in Congress — representing Delaware’s sole congressional district — and the first openly transgender person to be elected at the federal level.

Because Delaware’s at-large district is solidly Democratic, competition in the race will likely play out during the primary next fall. The seat is currently held by Rep. Lisa Blunt Rochester, who announced last week that she is running for the U.S. Senate to fill the seat held by retiring Tom Carper.

McBride, 32, enters the race with endorsements from high-ranking Delaware lawmakers, support from LGBTQ advocacy groups and relationships with the Biden family. President Joe Biden wrote the foreword to her 2018 memoir, and she has called his late son, Beau, one of her mentors.

“I’m incredibly confident and optimistic going into this campaign that we will win in September of 2024 [during the primary] and then win in November of 2024,” McBride said. “I believe that Delaware is ready. We’ve shown that small states can do big things, and it’s time for us to do that again.”

A person reads about Delaware Legislature Sarah McBride becoming the first transgender person to speak at a political convention, displayed in the Rise Up exhibition at the Dallas Holocaust and Human Rights Museum, on June 8, 2023, in Dallas, Texas.

Adam Davis/EPA via Shutterstock.

On the day she launched her campaign, she told ABC News that she has been happy to answer questions about her trans identity. But, she said with a smile, gender is not at the core of her job description as an elected official and she didn’t seek office to be “the trans senator.”

“My day-to-day focus is not explaining gender identity to people,” she said. “My day-to-day focus is delivering tangible results for the constituents that I serve.”

McBride is aware that trans candidates face increased scrutiny of their electability at the same time that the number of trans officeholders is growing, she said. She’s also running at a time of rising anti-LGBTQ extremism across the U.S., according to recent assessments from the Institute for Strategic Dialogue, the Anti-Defamation League and GLAAD.

click here to see full blog: https://abcnews.go.com/Politics/sarah-mcbride-1st-openly-trans-person-congress-focus/story?id=100437396

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