“It’s a piece of advice that I still carry with me,” Schwartzkopf told a packed room at Rehoboth Beach Public Library, May 17. The meeting, sponsored by the Delaware Stonewall Democrats, was an update on H.B. 99, which would prohibit discrimination based on sexual orientation in employment, housing, insurance, public accommodations and public contracts.

“I’m learning a lot up there [General Assembly],” said Schwartzkopf. “We have 41 different people from different backgrounds. There are so many bills flying around it’s like mosquitoes and a lot of bills are not read until the day of the vote. By my estimate, we need two votes in the House and I think there are some people we can approach.”

H.B. 99 is currently in the House Labor Committee, chaired by Bill Oberle, R-Newark, who sponsored the bill last year and again in 2o03. The bill, which passed 21-20 in the House in 2002, died in the Senate as Sen. Robert Venables, D- Laurel, refused to release the bill from the Small Business Committee for a full vote.

“Bill Oberle is a very smart man,” said Schwartzkopf, “and he’ll bring it out of committee when he’s assured of having the votes.”

The former Delaware State Police Troop 7 commander, said there are numerous ways to show support for H.B. 99. “We keep hearing that H.B. 99 is not necessary because there are no examples,” said Schwartzkopf. “They need to hear some of the examples - that’s the kind of stuff that needs to come out. You know there’s discrimination; in fact, I believe there’s someone in this very room who has experienced it.”

Schwartzkopf was referring to Douglas-Marshall Steele, who was terminated after filing a grievance against a co-worker.

A registered nurse for five years at a local hospital, Marshall-Steele became the target of a male physician who complained to fellow hospital staff that he “didn’t want to speak with that queer nurse.”

Additionally, the same physician was sexually harassing female workers, according to Marshall-Steele, who lodged a complaint detailing homophobic harassment as well as sexual harassment, on behalf of his co-workers.

Marshall-Steele was soon fired for a practice he deemed was commonplace among the nursing staff - initialing rounds before, instead of after.

With the backing of the Delaware Department of Labor, Marshall-Steele took the hospital to court. An out-of-court settlement was reached. However, without a state law prohibiting discrimination based on sexual orientation, Marshall-Steele was only able to challenge the hospital for terminating him for reporting sexual harassment.

“We need to educate people that gays do not have antennas coming out of their heads,” Schwartzkopf said. “I had a wonderful mother who taught me not to judge anyone.”
The main focus when talking about H.B. 99 with anyone is keeping it simple, according to Schwartzkopf. “The worse thing that happened to H.B. 99 last year was that it was labeled a gay rights bill,” he said. “It’s simply equal protection. This is not a new bill - this is an amendment. It just adds sexual orientation to existing bills that offer Delawareans protection.”

Schwartzkopf said contacting house representatives remains the most formidable tool in getting a message across. “Ask your heterosexual friends to call,” he said. “However, I do want to stress this point. Just because legislators don’t vote for H.B. 99 does not mean they’re evil. It comes down to three things; they grew up a certain way, their district is backwards or they don’t understand. It’s my job to educate them on the language of the bill.”

Supporting Governor Ruth Ann Minner is equally as important as demonstrating support for H.B. 99, said Schwartzkopf. “The governor has a lot of courage not only to be openly supporting H.B. 99 but to be out front, leading the charge.”

Minner attended a rally for H.B. 99, May 15 and said she would sign the bill into law if it reaches her desk.

“The first thing I say when someone asks me why I support H.B. 99 is ask them why they don’t,” said Schwartzkopf, “because the truth is, it’s always easier to not support something when it doesn’t affect you.”