Delaware County approves a nondiscrimination ordinance protecting LGBTQ+ residents

Delaware County became the third of Philadelphia’s collar counties to enact a local policy protecting LGBTQ+ residents from discrimination.

The suburban county’s all-Democratic council voted unanimously Wednesday evening to empower a human relations commission established earlier in the year to adjudicate claims of discrimination based on sexual orientation and gender identity and expression, barring discrimination against LGBTQ+ residents among a wide list of protected classes.

The vote comes after Chester and Montgomery Counties approved similar policies earlier this year as President Donald Trump targets the LGBTQ+ community through policy and rhetoric.

Delaware County had been working toward the ordinance for months, introducing the policy in August before hitting pause as county council members and attorneys worked through the details.

At least 79 local governments across Pennsylvania, including Philadelphia, have enacted nondiscrimination ordinances, according to the Pennsylvania Youth Congress, which advocates for LGBTQ+ youth.

“Now almost an entire half of the state is now protected by a [local] human relations commission,” Kyle McIntyre, the organizer of Delco Pride, said in an interview Thursday.

The ordinance mirrors a state policy barring discrimination and establishing a human relations commission to adjudicate complaints.

While regulations for the state commission bar discrimination based on gender identity and sexual orientation, Delaware County’s policy goes a step further to specifically prohibit such discrimination in law.

The ordinance provides Delaware County residents a local venue to bring complaints before taking concerns to the Pennsylvania Human Relations Commission.

“This ordinance reflects what good local government should be,” Monica Taylor, a Democrat who chairs the county council, said Wednesday.

Some residents, including Delaware County Controller Joanne Phillips, a council member-elect, raised concerns that the ordinance could become expensive in a county that is already looking at a potential 19% tax increase for next year.

Phillips, a Democrat, said she supported the concept of the commission but worried it would cost more than anticipated once a board began adjudicating cases.

County officials estimated the commission would cost the county just $3,000 annually and said adjustments could be made to the commission’s role if enforcement of the ordinance became too costly.

Critics of the policy on Tuesday claimed, without evidence, that the ordinance would dampen free speech in the county, allowing fines against those who say offensive things.

Charlie Alexander, a far-right activist who unsuccessfully sought the GOP nomination for the county council earlier this year, arrived in a dog costume with a rainbow blanket draped over his head. He argued the ordinance was an unconstitutional infringement on First Amendment rights.

“Don’t infringe on our rights and you won’t be made to feel very uncomfortable in your homes and neighborhoods,” he threatened the council members.

The ordinance, however, does not regulate private speech. It bars discrimination in housing, employment, education, healthcare, and public accommodations.

“This is not infringing on speech. It’s really clear what practices are deemed unlawful,” council member Kevin Madden, a Democrat, said.

Taylor said the commission, which was first approved over the summer, will be staffed with volunteers early next year and prepared to take cases by next summer.

“This ordinance provides a fair, reliable, and community-focused way to address concerns,” she said.

This story has been updated to clarify the name of the commission.