HB99 Support

Note: Sexual orientation antidiscrimination bill H.B. 99, reworked version H.B. 36 and S.B. 141 (identical to H.B. 99) all died in the Delaware Senate. Sexual orientation anti-discrimination legislation has failed to pass in Delaware since 1998.

This page contains five important items:

1. Delaware Treasurer Jack Markell's June 20, 2007 testimony to the Senate Insurance and Elections Committee on behalf of S.B. 141.

2. The complete May 9, 2002 poll results of Hickman-Brown Public Opinion Research re H.B. 99. Note should be taken that whether for or against the bill, a full 78% of Delaware voters believed that H.B. 99 should be voted out of committee to the full senate.

3. A listing of public interest groups which endorsed H.B. 99.

4. A letter from Wilmington's Mayor James M. Baker expressing unqualified support for H.B. 99.

5. The Delaware Department of Labor finding that approximately 500 sexual orientation discrimination complaints were received in 1999, the last year the count was kept.

Delaware Treasurer Jack Markell's June 20, 2007 testimony to the Senate Insurance and Elections Committee on behalf of S.B. 141.

My name is Jack Markell and I am the State Treasurer of Delaware.

I’m here today to testify in support of Senate Bill 141 because it would guarantee civil rights for all Delawareans and because I believe it would be good for Delaware’s economy.

It is now well accepted that our state is competing in a very new and different global economy. In this competition for the best jobs, the high wage jobs, people are our greatest assets. They are the key to ensuring that Delaware companies thrive in this new economy. We need the best people regardless of their sexual orientation.

Across America, hundreds of companies have enacted policies forbidding discrimination on the basis of sexual orientation. Some corporations, including some very well respected and successful companies, have gone further and endorsed legislation forbidding any company from discriminating in this way.

The leaders of Kodak said that this type of legislation “is in step with trends in the nation’s most successful businesses and is in tune with the fundamental sense of fairness valued by Americans.”

The CEO of a major bank said that this type of legislation “upholds the values that make this country work, without imposing costly mandates that make our work harder.”

I want to emphasize this last point.

Some opponents of this type of legislation argue that it would lead to costly litigation.

But the federal General Accounting Office released a report finding that there is “no indication that these laws have generated a significant amount of litigation” and that “the data do not reveal any obvious growth trend in the number of complaints.”

Business leaders are not the only ones arguing in favor of this kind of legislation. Across the country labor leaders have similarly spoken out.

Many states, cities and counties have laws that prohibit discrimination on the basis of sexual orientation.

Last week, I sent an email to friends and supporters asking them to make their voice heard on this issue. In 100 hours, more than 650 people signed up in support of SB 141. To me, the public sentiment is clear.

As a Democrat, I want to note that I close with a quote from, of all people, the late Senator Barry Goldwater, long recognized as the father of the modern conservative movement. Before his death, he declared, “It is time America realize that there was no gay exemption in the ‘right to life, liberty and the pursuit of happiness’ clause in the Declaration of Independence. Anybody who cares about real moral values understands that this isn’t about granting special rights – it is about protecting basic rights.”

Thanks for your attention.

The information contained in this memorandum is based on a survey of 500 registered voters in the state of Delaware. The telephone interviewing was conducted from May 5th through May 7th [2002]. The data was weighted to reflect accurately the party registration and age of voters by county according to statistics compiled by the Delaware Department of Elections. The margin of error for the entire sample is plus or minus 4.4 percentage points. Hickman-Brown Research is one of the nation’s most successful Democratic polling firms. They have worked for more than twenty current and former United States Senators and Governors and have done extensive polling in Delaware, including for campaigns of Senator Tom Carper and former Vice President Al Gore.

Key Findings

The results of our poll show that a strong majority of Delaware voters (69%) support the passage of House Bill 99 that would prohibit discrimination based on sexual orientation. Delaware voters also say that they would be more likely to vote for a state legislative candidate who voted in favor of the legislation. Also, almost eight in ten Delaware voters (78%), including a wide plurality of the bill’s opponents, believe the bill should be brought to a vote in the state Senate. Delaware voters also back by a wide margin the proposed federal legislation to ban discrimination in employment based on sexual orientation.

Opinions on HB 99

Almost seven in ten (69%) of Delaware voters favor HB99 while less than one quarter (23%) say that they oppose it. Almost half of Delaware voters (46%) respond that they ‘strongly support’ it compared to just 11% who ‘strongly oppose’ it.

As you may know, the Delaware legislature is currently considering House Bill 99 which would prohibit discrimination against persons on the basis of sexual orientation in housing, employment, public works contracting, public accommodations, and insurance. Would you favor or oppose passing this bill to prohibit discrimination based on sexual orientation?

Strongly Favor………… 46%

Somewhat Favor……… 24%

Somewhat Oppose... 12%

Strongly Oppose…….… 11%

Don’t Know………………. 8%

Total Favor……………….. 69%

Total Oppose…………….. 23%

The support for the bill varies by regional, partisan, and demographic subgroups, but it has broad backing throughout the state:

Voters in New Castle County are the most positive toward the bill (74% favor/20% oppose) followed by voters in Kent (65% favor/27% oppose) and Sussex (60% favor/30% oppose) counties.
Registered Democrats (83% favor/12% oppose) and registered Independents (76% favor/16% oppose) are very supportive of the bill while a narrow plurality of Republican voters (48% favor/43% oppose) also favor it.
Voters under 40 are the most likely to support the bill (82% favor/15% oppose), followed by those 40 to 59 (66% favor/24% oppose). Even though voters over 60 are less likely to favor the bill than younger voters, still a comfortable majority (54% favor/34% oppose) are in favor of the legislation. The difference by age groups is also evident within partisan groups. For example, registered Republicans under 45 back the bill by a clear margin (57% favor/37% oppose), but older Republicans are one of the few groups in the electorate where a plurality opposes it (39% favor/49% oppose).
Liberals (89% favor/9% oppose) and moderates (75% favor/16% oppose) overwhelmingly support the legislation while conservative voters are evenly split (45% favor/45% oppose).

Delaware voters also respond that they would be much more likely to favor a state legislative candidate who voted in favor of the bill than support someone who opposed the legislation. More than six in ten (61%) say that they would be more likely to favor a candidate who voted for the bill compared to just 21% who would prefer a state legislative candidate who opposed the bill.

In voting for candidates for the state legislature, would you be more likely to vote for:

A candidate who favors passing a new law to ban

discrimination based on sexual orientation............................ 61%

A candidate who opposes a new law to ban

discrimination based on sexual orientation............................ 21%

Neither.......................................................................... 2%

No Difference................................................................. 11%

Don't Know.................................................................... 6%

Finally, almost eight in ten Delaware voters (78%) believe that the state Senate should have a vote on HB 99. Even a strong plurality of the voters who oppose the bill believe that the Senate should vote on it (49% should/29% should not).

As you may know, currently the bill to ban discrimination based on sexual orientation has passed the state House, but the chairman of the state Senate committee considering the bill will not allow the full Senate to vote on the bill. Do you think the state Senate should or should not be given the opportunity to vote on the bill?

Should…………… 78%

Should Not……… 10%

Don’t Know…….. 12%

Opinions on Federal Employment Discrimination Bill

Opinion on the proposed federal legislation to ban discrimination in employment based on sexual orientation are nearly identical to those on HB99, with the overall percentages matching exactly. Almost seven of ten (69%) of Delaware voters want their congressman to vote in favor of a proposed federal bill to ban discrimination based on sexual orientation

Regardless of how you feel about the bill in the Delaware state legislature, as you may know, the United States Congress is also considering a federal bill that would prohibit employment discrimination based on sexual orientation. Would you want your congressman to vote in favor or vote against the federal bill to prohibit employment discrimination based on sexual orientation?

In Favor…………….. 69%

Against…………….. 23%

Don’t Know………… 8%

The patterns of support for the federal bill mirror those for HB99:

Voters in New Castle County are the most positive toward the bill (70% favor/21% oppose) followed by voters in Kent (67% favor/25% oppose) and Sussex (66% favor/27% oppose) counties.
Registered Democrats (82% favor/12% oppose) and registered Independents (79% favor/13% oppose) are very supportive of the bill while a narrow plurality of Republican voters (47% favor/43% oppose) wants their congressman to support it.
Voters under 40 are the most likely to support the federal bill (79% favor/16% oppose), followed by those 40 to 59 (69% favor/24% oppose). Even though voters over 60 are less likely to favor the bill, still a comfortable majority (53% favor/32% oppose) is in favor of the legislation. The difference by age groups is also evident within partisan groups. For example, registered Republicans under 45 support the bill by a clear margin (58% favor/33%) oppose), but older Republicans are one of the few groups in the electorate where a majority want their congressman to oppose it (37% favor/51% oppose).
Liberals (85% favor/11% oppose) and moderates (74% favor/17% oppose) overwhelmingly support the proposed federal legislation while conservative voters barely favor it (48% favor/42% oppose).

For a printer-friendly version of the Hickman-Brown Poll click on the logo:

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Public Interest Groups Which Endorsed H.B. 99

Question: Who supported sexual orientation anti-discrimination bill H.B. 99?

Answer: All of the following!

ACLU of Delaware

ACLU of Delaware’s Lesbian and Gay Civil Rights Project

AIDS Delaware

American Association of University Women

Arc of Delaware

CAMP Rehoboth

Children and Families First

Delaware Coalition Against Domestic Violence

Delaware Coalition for Human Rights

Delaware Commission for Women

Delaware Human Relations Commission

Delaware League of Women Voters

Delaware Liberty Fund

Delaware NAACP

Delaware Pride

Delaware State Bar Association

Delaware Stonewall Democratic Club

Delaware Young Democrats

Family Pride of Delaware

Human Rights Campaign

Independent Resources

JUST for Youth Coalition

Lutheran Office on Public Policy

Mental Health Association of Delaware

Metropolitan Wilmington Urban League

National Association of Social Workers

National Conference for Community and Justice

Pacem in Terris

PFLAG Wilmington/North Delaware

Rainbow Chorale of Delaware

Towardequality.org

University of Delaware's Civil Liberties Union

University of Delaware's HAVEN

YWCA of New Castle County

But most importantly, 69% of Delaware citizens supported H.B. 99!

(Confer above: Hickman-Brown Public Opinion Research, 5/9/02.)

Wilmington's Mayor James M. Baker enthusiastically supported H.B. 99:

May 15, 2003

The Honorable Ruth Ann Minner

Governor

Dover, Delaware

Dear Governor Minner:

I write to you today to state my strong and unequivocal support for House Bill 99. The City of Wilmington promotes and supports equal opportunity for all people in employment and the awarding of City contracts, as found in our City Code, Section 35-111. Our legislation is clear and is meant to convey to all who are associated with Wilmington government or seek to do business with us that we operate in an atmosphere of justice, with respect for equal and fair opportunities for all people.

Some suggested a few years ago that were the City to adopt such legislation containing the words “sexual orientation” that we would subject the citizens of Wilmington to legal challenges or that we would be welcoming frivolous lawsuits. There have been no challenges and there have been no problems at all associated with our decision to move the City of Wilmington forward in this regard.

Some issues, such as those associated with a person’s sexual orientation, present questions and concerns that challenge long-held beliefs and practices, making change difficult for many to accept. I watched and listened and then protested as this country tolerated practices and supported excuses and reasons that made it acceptable for a person to be denied opportunities based on a God-given quality such as the color of their skin. I believe that a person’s sexual orientation is a natural part of human nature and is not something that a person has the ability to choose.

It is my honor and pleasure to state my support for the bill, which has actually strengthened in the past year or so in the face of comments and arguments against it that could serve to deny a person their freedoms and liberties. Thank you for this opportunity to present my position and to state our practices in Wilmington government.

Sincerely,

James M. Baker

Mayor

The Delaware Department of Labor demonstrated strong need for sexual orientation nondiscrimination legislation: