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.

Navigating Equality: Top U.S. States with Comprehensive LGBTQ+ and Transgender Legal Protections

In an increasingly fragmented legal landscape, civil rights, non-discrimination protections, and healthcare access for LGBTQ+ and transgender individuals vary significantly across the country. For individuals, families, and professionals seeking to understand where state law provides the most robust safeguards, several states stand out as national leaders.

By evaluating data from the Human Rights Campaign’s (HRC) State Equality Index and the Movement Advancement Project (MAP), we have highlighted key states—including Connecticut, a national pioneer—that have built comprehensive legal frameworks to protect LGBTQ+ and transgender residents.

Key States Leading LGBTQ+ Legal Protections

Connecticut: A Pioneer in Healthcare & Legal Safety

Connecticut stands out as a historic and statutory leader, consistently earning high policy scores for its proactive stance on civil rights and transgender safety.

  • The Original Shield Law: In 2022, Connecticut became the first state in the nation to enact a comprehensive “shield law” specifically designed to protect patients, medical providers, and out-of-state visitors receiving or delivering gender-affirming care. The law blocks out-of-state legal subpoenas, prevents extradition, and bars licensing boards from disciplining providers for administering legal medical care.
  • Data Privacy Protection: Connecticut enacted specialized laws restricting health apps and online entities from collecting, selling, or disclosing consumer data related to gender-affirming care.
  • Explicit Non-Discrimination: Gender identity, gender expression, and sexual orientation are fully protected under state civil rights laws spanning employment, housing, credit, and public accommodations.

California

California sets a national benchmark for comprehensive LGBTQ+ protections across every major area of civil law.

  • Healthcare & Shield Laws: Following Connecticut’s model, California passed strong safe-haven legislation protecting transgender individuals, families, and doctors from out-of-state legal liability related to gender-affirming care.
  • Non-Discrimination: The Unruh Civil Rights Act and the Fair Employment and Housing Act (FEHA) explicitly safeguard gender identity, gender expression, and sexual orientation in housing, workplace settings, and business transactions.
  • Identity Documents: The state allows streamlined updates to gender markers on driver’s licenses, birth certificates, and state IDs without requiring surgical confirmation or court orders.

Massachusetts

As the first U.S. state to legalize same-sex marriage in 2004, Massachusetts maintains a deeply entrenched system of legal protections.

  • Broad Public Protections: Anti-discrimination laws explicitly cover public accommodations—such as restaurants, retail stores, and healthcare facilities—alongside housing and employment.
  • Youth & Family Safeguards: The state enforces a complete ban on conversion therapy for minors and maintains robust anti-bullying and inclusion guidelines across public school districts.
  • Medicaid & Insurance Requirements: Private insurance and MassHealth (Medicaid) are legally required to cover medically necessary gender-affirming care.

Colorado

Over the last decade, Colorado has transformed into a major sanctuary state for transgender protections in the Mountain West.

  • The Reproductive and Gender-Affirming Care Shield Act: Enacted to shield out-of-state patients and local practitioners from external civil and criminal investigations or licensing penalties.
  • Administrative ID Updates: Jude’s Law permits non-binary “X” gender markers and allows transgender individuals to update state documents smoothly without requiring physician affidavits or court decrees.
  • Anti-Discrimination Enforcement: The Colorado Anti-Discrimination Act (CADA) covers employment, housing, and public spaces, enforced aggressively by the state civil rights division.

New York

With a deep history rooted in the modern LGBTQ+ civil rights movement, New York’s laws reflect comprehensive protections.

  • GENDA (Gender Expression Non-Discrimination Act): Passed in 2019, GENDA formally added gender identity and expression as explicit protected classes across housing, employment, public spaces, and non-sectarian education.
  • Medical Safeguards: Comprehensive shield laws ensure that healthcare institutions and practitioners face no administrative penalties or extradition requests for delivering legally protected medical services.
  • Informed Family Laws: New York maintains progressive legislation supporting gestational surrogacy, legal adoption, and parental recognition for LGBTQ+ families.

Illinois

Illinois serves as a critical legal sanctuary in the Midwest, backed by mature statutory protections.

  • The Illinois Human Rights Act: Enforces complete non-discrimination across real estate transactions, employment, public services, and banking.
  • Education & Youth Protections: State legislation requires public school curricula to include LGBTQ+ history and imposes strict safety and anti-bullying standards across districts.
  • Out-of-State Refuge: Illinois statutes shield healthcare providers treating patients traveling from surrounding jurisdictions, making it an essential hub for safe medical access.

The Bottom Line

Whether evaluating states for personal safety, corporate expansion, or legal analysis, these jurisdictions demonstrate what comprehensive protection looks like in practice. By pairing clear non-discrimination statutes with proactive health-privacy and shield laws, states like Connecticut, California, and Colorado offer the most legally secure environments for transgender and LGBTQ+ residents.

Leaving Texas isn’t so simple for LGBTQ residents

Read more at Axios.

LGBTQ Americans aren’t just fleeing red states like Texas for blue enclaves. They are also building lives in cheaper, fast-growing metros where jobs, housing and politics collide.

Why it matters: The “red-state exodus” narrative misses a quieter reality.

  • Affordability and work are keeping some LGBTQ+ people in — and drawing others to — places that may be politically complicated but economically viable.

The big picture: LGBTQ Americans have lower homeownership rates than non-LGBTQ Americans, according to the Williams Institute.

  • And, LGBTQ-friendly cities with stronger LGBTQ protections — such as San Francisco and Boston — often come with significantly higher housing costs, creating a tension between safety and affordability.

By the numbers: Homebuyers needed to earn $150,364 annually to afford the median-priced home in states with LGBTQ housing protections as of 2024, per an Axios analysis of real estate company Redfin data.

  • That’s 46.8% more income needed than in states, like Texas, without such protections.

Zoom in: Around 4% of adults in North Texas identify as LGBTQ, according to Williams Institute data.

  • Same-sex married households in North Texas almost doubled from 2019-24, increasing from around 11,000 couples to roughly 21,600, per a Dallas Morning News analysis of Census Bureau data.

Between the lines: 9% of the region’s homes for sale were affordable for someone earning the local median household income, according to Redfin.

  • By contrast, less than 2% of homes for sale were considered affordable in San Diego and Los Angeles, which have larger percentages of adults who identify as LGBTQ.

Caveat: Researchers caution that LGBTQ migration data remains limited because federal surveys have historically failed to consistently collect sexual orientation and gender identity data.

What they’re doing: Oak Lawn United Methodist Church painted its steps in rainbow colors after Gov. Greg Abbott ordered the removal of rainbow crosswalks statewide last year.

  • “This is our way of speaking to our community of sharing a message of boldness and courage that who you are is beloved and worthy of dignity and belonging,” Rev. Rachel Griffin-Allison, the church’s senior pastor, told NBC5 in January.

The bottom line: The tension between affordability, opportunity and rights is quietly reshaping the map of LGBTQ America.

Senegal amends its Constitution to ban same-sex marriage

Read more at Erasing 76 Crimes.

By 129 votes in favor and 0 against, the National Assembly of Senegal amended the Constitution, on Monday, June 29, to define marriage exclusively as “the union between a man and a woman”.

The Senegalese Constitution previously had been rather vague on the subject, although same-sex intimacy has been criminalized in Senegal since 1965. The country is in the midst of an anti-gay crackdown that has produced 100s of arrests.  In March, the penalty for same-sex intercourse was doubled, to a maximum prison sentence to 10 years, and gay rights advocacy was banned.

Passage of the constitutional amendment is related to the anti-LGBT crackdown, according to a Senegalese political observer.

Dakar-based Sadio (a pseudonym), told Erasing 76 Crimes “there is little doubt that [the ruling PASTEF party] is placing great emphasis on this aspect of constitutional change in order to reassure the Senegalese people that it will pursue an anti-LGBT agenda, following the tightening of the Criminal Code in the spring so ‘unnatural acts’ are now punishable by 5 to 10 years’ imprisonment and a fine of 10 million CFA francs (about 15,000 euros or US $17,460)”.

In addition, Sadio says, the amendment “helps to rally the ranks within the ruling party following the rifts that led to the dismissal of former Prime Minister Ousmane Sonko”.

The constitutional amendment was inspired by an  opinion piece published on March 8 in the state-owned daily newspaper Le Soleil entitled “A scientific approach to the eradication of homosexuality in Senegal”.

Before the amendment, Article 17 of the Senegalese Constitution defined marriage as follows: “Marriage and the family constitute the natural and moral foundation of human society, and are placed under the protection of the State”.

This addendum has now been included: “Marriage is the union between a man and a woman”.

The amendment provides no definition of what constitutes a man or a woman in biological, chromosomal or anatomical terms. Nevertheless, it establishes a binary system that effectively marginalises intersex people in Senegal.

Following the recent criminalisation of homosexuality in Niger, this marks a further setback for LGBT+ rights in French-speaking Africa.

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.” 

‘Witch-hunt’ in Niger as military regime rounds up LGBTQ+ population

Read more at The Guardian.

A “witch-hunt” is under way in Niger, where dozens of people have been arrested for homosexuality in the west African state following the introduction of a new penal code earlier this year.

Up to 40 people have been arrested and 16 men, including high-ranking military officials, have been imprisoned across the country, according to local media.

Organisations providing HIV services to men who have sex with men have had to stop working, according to a source who asked to remain anonymous.

“With the recent witch-hunt, and these arrests that are taking place, the climate here is truly toxic,” they said.

“LGBTQ+ populations are keeping a low profile and have gone into hiding because they are at risk. We have lost contact with many and the recent arrests have exacerbated tensions.”

Niger’s new penal code, enacted in February, dictates that “indecent or unnatural acts” and “sexual relations with a person of the same sex” are punishable by imprisonment of up to 10 years and a fine of up to 100m West African CFA francs (£130,000).

It is the first time in the country’s history that homosexuality has been criminalised and follows the introduction of similar laws and penal codes in neighbouring Mali and Burkina Faso within the past two years.

Gen Abdourahamane Tchiani, the head of the military government, seized power in a coup d’état in July 2023 and was sworn in as president in 2025 for a term of five years, dissolving all political parties in the country.

The former UN peacekeeper has pushed anti-imperialist rhetoric and formed the Alliance of Sahel States with Burkina Faso and Mali, breaking away from the Economic Community of West African States (Ecowas).

Larissa Kojoué, a political scientist and pan-African activist, dismissed the idea of homosexuality being somehow linked to western culture. “Political leaders are using this to advance their own political agenda,” she said. “They claim ‘African values’, sovereignty and culture, all the while happily undermining human rights for people.”

She added: “There is no culture that encourages violence against innocent people, or that doesn’t hold perpetrators of violence accountable. But on the [African] continent you can do whatever you want with LGBTQ+ people and get away with it.”

The changes to the penal code started under Niger’s previous civilian president, Mohamed Bazoum. But in March 2025, Tchiani’s regime promulgated the Charter of the Refoundation to replace Niger’s 2010 constitution.

Although the charter prohibits LGBTQ+ relations, criminal penalties related to these measures were only introduced with the new penal code in February.

As well as harsh punishments for same-sex relations, it also mandates prison terms of up to 20 years for those participating in, witnessing or organising a gay marriage. Any person or organisation involved with clubs, societies or organisations for LGBTQ+ people, either directly or indirectly, is liable to be imprisoned for up to 20 years and face a fine of up to 500m CFA.

Men who have sex with men no longer have access to condoms, testing services or PrEP (medication protecting against HIV).

The anonymous source warned of the risk of HIV infections spreading, saying: “When people go into hiding, we won’t see them and they won’t be able to protect themselves. So you see the impact [this penal code] has. We are truly saddened by it.”

Last week, Niger was among eight countries that voted against the UN’s political declaration on HIV/Aids, which was adopted by 149 votes. HIV infections increased between 2010 and 2025 in the Middle East, north Africa, Latin America, eastern Europe and Central Asia, according to the declaration.

While western and central Africa has seen a 49% decline in new infections between 2010 and 2022, sub-Saharan Africa remains disproportionately affected, representing 64% of all people living with HIV globally. There were an estimated 32,000 new infections in Niger in 2023.

The reform of Niger’s penal code is part of a trend across sub-Saharan Africa towards more punitive legislation against LGBTQ+ people. In recent years several African states have introduced or strengthened laws criminalising same-sex relations.

Examples include Uganda’s 2023 Anti-Homosexuality Act, which made homosexual acts punishable by death; a new law in Senegal doubling the maximum prison term to 10 years for same-sex relations and criminalising the “promotion” of homosexuality; and a bill in Ghana criminalising groups promoting gay rights and identifying as LGBTQ+. Globally, half of the 66 countries that criminalise consensual same-sex acts are African.

In a statement, the international human rights group Front Line Defenders said it was “deeply concerned” about developments in Niger, and called on authorities “to repeal all provisions that criminalise individuals on the basis of their sexual orientation or gender identity, as well as the individuals supporting and defending them”.

Malaysian government asks public to use derogatory phrase in place of “LGBT”

Read more at LGBTQ Nation.

The government of Malaysia is urging the public to discontinue use of the term “LGBT” to avoid “normalizing” LGBTQ+ people and the broader community.

In its place, the Deputy Minister for Religious Affairs, Marhamah Rosli, says the public should now use the term “budaya songsang,” or “perverted/deviant culture,” to describe all things LGBTQ+.

“The more we utter, write, or state it, the more ‘pop-out’ content related to it will appear,” Marhamah said at a Parliament session in February, referring to social media specifically. “Without realizing it, we are promoting the culture unknowingly.”

This week, the government announced they’re making that change official, Pink News reports.

Replacing “LGBT” with the new, derogatory term will influence online algorithms away from displaying LGBTQ+ content in the country, and therefore prevent the “promotion” of queer culture, Marhamah said.

The move follows a record crackdown on members of the LGBTQ+ community in the Muslim-majority nation in recent years. Malaysian LGBTQ+ advocacy group Justice for Sisters reported that 307 queer people were arrested in the country under both federal and state laws in 2025 alone.

The organization has also documented an increase in public complaints against LGBTQ people, leading to surveillance, raids, and cancellation of events due to safety concerns. 

In May, fifty-one men attending a “gay party” at a Kuala Lumpur hotel were detained. Over 200 men were arrested in a raid on a “gay spa” in Kuala Lumpur late last year, including 103 Muslim men who were investigated separately by the nation’s religious courts for violations of Sharia law. In February, Malaysia blocked the use of gay dating apps Grindr and Blued in the country.

And in January, an LGBTQ+ event planned at a retreat site in Hulu Langat, Selangor, faced heavy backlash from locals. The organizer was forced to cancel the gathering amid “rising hostilities,” including alleged death threats, according to Malaysian outlet The Rakyat Post.

That site’s reporting included use of the “budaya songsang” descriptor in place of “LGBT.”

Justice for Sisters condemned the adoption of the “LGBT” alternative.

“The term ‘budaya songsang’ dehumanizes LGBT people, fuels misinformation, and reinforces the dangerous belief that LGBT people should be ‘corrected,’” a statement from the group read.

“It contributes directly to violence, discrimination, and violations of dignity and equality under Articles 5 and 8 of the Federal Constitution.”

Amnesty International Malaysia also weighed in on the discriminatory term.

“We strongly condemn this appalling decision by the government,” said Amnesty campaigner Qistina Johari.

“When public officials label LGBTI people as ‘deviant’, they are not upholding morality — they are legitimizing hate and discrimination against a highly vulnerable group. Words from those in power carry weight and real-world consequences.”

Malaysia ranks low on Equaldex’s country rankings for LGBTQ+ rights, at 151 out of 197 nations.

Under Section 377 of Malaysia’s Penal Code, “Carnal knowledge against the order of nature” is punishable by up to 20 years in prison with whipping. A subsection of the law also criminalizes “gross indecency with another person” with up to two years in prison. The law was extended to women in 1989.

Penalties under Sharia law in most Malaysian states can increase the punishment to include fines, caning, and concurrent or additional imprisonment.

Gov. signs 3 trans rights bills into law & then marches in Pride parade that afternoon

Read more at LGBTQ Nation.

On Sunday, just hours before he marched in the Chicago Pride Parade, Illinois Gov. JB Pritzker (D) signed three trans rights bills into law.

HB 5095 solidifies the process for trans people to correct the gender marker on their IDs to male, female, or X. HB 5492 mandates that insurance companies cover up to a 6-month supply of prescribed hormone therapy, as well as “the necessary supplies for self-administration.” Both laws take effect on January 1, 2027.

HB 4834 updates the Illinois Prescription Monitoring Program (ILPMP) to remove testosterone and prohibit the addition of estrogen, mifepristone, and misoprostol. The law, effective immediately, will prevent the database, which is used to prevent certain drugs from being overprescribed, from being abused to prevent folks from obtaining gender-affirming and reproductive health care.

“Today, I’m proud to sign landmark legislation expanding on my administration’s work to make Illinois a safe, empowering, and inclusive place for the LGBTQ+ community,” Pritzker wrote on social media. “With my signature, we are a few steps closer to a state where all can live their lives without fear of hate.”

Pritzker then posted a video of himself touting the bills as he prepared to march in Chicago’s Pride Parade. “It’s very important to me that we have a state that stands up and protects the people who live here,” he said. “So I’m very happy, very proud, frankly, to live in the state of Illinois. I hope you are, too.”

Pritzker has been fighting for LGBTQ+ rights long before it was popular, as evidenced by a photo of him that often makes the rounds on social media, in which he is marching in the 1993 Pride parade.

As Governor, he has staunchly defended LGBTQ+ rights and has been especially outspoken for trans youth. He told then-Late Show host Stephen Colbert last year that his late mother was a huge activist who took him to protests when she was young. Her life, he said, inspired the work he does.

At a March 2025 Human Rights Campaign dinner, Pritzker vowed to stand up to anti-LGBTQ+ “bullies” and spoke directly to transgender youth to tell them they are not alone.

“And in the midst of this existential fight, this battle that seems to consume everything, well, let’s not take the soul-sucking path of sacrificing the most persecuted for that which we deem to be most popular,” he said.

“I know that there are transgender children right now looking out at this world and wondering if anyone is going to stand up for them and for their simple right to exist. Well, I am. We are. We will.”

In April of last year, he criticized “do-nothing” Democratic politicians who “want to blame our [election] losses on our defense of Black people, of trans kids, of immigrants instead of their own lack of guts and gumption.” He encouraged Democrats to “fight” the current presidential administration “everywhere and all at once,” even endorsing “mass protests, for mobilization, for disruption.” Last summer, he also announced a landmark free hotline for LGBTQ+ people in the state.

In 2023, he signed a landmark bill making Illinois the first state to bar libraries from banning books. “Here in Illinois, we don’t hide from the truth, we embrace it,” he said in a statement. “Young people shouldn’t be kept from learning about the realities of our world; I want them to become critical thinkers, exposed to ideas that they disagree with, proud of what our nation has overcome, and thoughtful about what comes next.”

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.”

Christian judges in Texas are demanding the right not to marry same-sex couples. They’re winning.

Read more at LGBTQ Nation.

The State Commission on Judicial Conduct in Texas was overruled last week after it disciplined a justice of the peace in Waco for refusing to marry same-sex couples on religious grounds.

A Texas county judge ruled the commission cannot investigate, sanction, or discipline McLennan County Justice of the Peace Dianne Hensley for refusing to officiate same-sex weddings because of her Christian beliefs. Hensley was awarded $10,000 in compensatory damages and $630,000 in attorney’s fees after years of litigation.

“I think the agency overstepped itself, and what we saw was their bias on the issue and not the law,” Hensley told KERA News in North Texas.

The origin of Hensley’s suit dates back to Obergefell v Hodges, the 2015 U.S. Supreme Court decision granting nationwide marriage equality.

Judges and justices of the peace are allowed, but not required, to officiate weddings in Texas. After previously declining to marry any couples following the decision, Hensley changed her mind in 2016 and said she would marry straight couples only.

She advertised that stance in a 2017 interview with the Waco Tribune-Herald, adding that she referred same-sex couples to a different judge and other nearby officiants.

The judicial conduct commission launched an investigation soon after and, in 2019, issued a public warning to Hensley that she was in violation of commission rules.

With the support of First Liberty Institute, the right-wing Christian nationalist legal organization shepherding other anti-LGBTQ+ cases around the country, Hensley sued. First Liberty argued her decision was protected by the Texas Religious Freedom Restoration Act, signed into law by then-Gov. George W. Bush (R) in 1999. That law prohibits the government from making restrictions that “substantially burden” an individual’s freedom of religion.

“People cannot be made — cannot be forced into participating in things that they have a religious disagreement with,” First Liberty attorney Hiram Sasser said following last week’s verdict.

The suit prompted action from the Texas Supreme Court, as well. After agreeing that Hensley’s suit could continue, but not ruling on her religious freedom claims, the court said that judges who decline to perform a wedding ceremony based on a “sincerely held religious belief” won’t violate the state’s rules on judicial impartiality.

The court found a grey area where the absence of a requirement to perform wedding ceremonies grants officiants the right to marry whom they choose.

That support from the highest levels of the Texas judiciary appears to have emboldened Hensley’s claim that officiants should be allowed to marry whom they choose.

In December, Hensley asked a federal court to overturn marriage equality in the U.S. entirely, arguing that marriage for same-sex couples is unconstitutional because it was legalized in a decision that “subordinat[ed] state law to the policy preferences of unelected judges.”

Hensley is one among several Christian officiants claiming “religious freedom” in their opposition to marrying same-sex couples in Texas.

Jack County Judge Brian Umphress also sued the commission, alleging he was afraid he could face the same punishment as Hensley. The Texas Supreme Court ruled in January that he wouldn’t face discipline for his choice not to marry gay couples, KERA reported.

A class-action lawsuit in Tarrant County has been filed on behalf of justices of the peace who are unwilling to perform same-sex marriages. They’re looking to recover damages from the Judicial Conduct Commission because they say they were forced to stop performing weddings altogether in fear of disciplinary action.

Like Hensley, Kim Davis, the infamous Kentucky county clerk who refused to sign marriage licenses for same-sex couples immediately following the Supreme Court’s 2015 Obergefell v. Hodges decision, asked the Supreme Court to overturn its marriage equality ruling. The Court declined to hear her appeal in November.

Despite her lawsuit aiming to wipe out marriage equality, Hensley continues to maintain that her right to religious freedom isn’t impacting gay couples in Texas because others are available to marry them.

Now, though, she says there isn’t a big demand for her services, and she may stop officiating weddings altogether.

“I was just accommodating people who called needing a low-cost wedding, and it’s been long enough now we don’t get many calls anymore,” Hensley said. “So, unless we start getting a lot of demand, I may not.”

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