DOVER, Del. (AP) — A bill prohibiting discrimination based on sexual orientation cleared the Delaware House by one vote June 26, the same margin by which it passed last year before dying in a Senate committee.

Supporters of House Bill 99, which Gov. Ruth Ann Minner supports, believe it has a much better chance of passage in the Senate this year.

The bill was approved on a 21-18 vote. Last year, the measure was approved in the 41-seat House, 21-20. A simple majority is required.

The proposed legislation adds sexual orientation, “whether real or perceived,” to age, race and other factors that cannot be used to discriminate against people in employment, housing, public accommodations, insurance or public works contracting.

“This has been an issue that’s been around for seven years,” said chief sponsor William Oberle Jr. (R-Newark). “It’s an issue that needs to be dealt with.”

The bill exempts religious groups in most circumstances and does not require employers to offer health care or other benefits to partners of gay and lesbian employees. It also does not apply to employment situations in which sexual orientation is advocated and in which minors are present.

House Majority Leader Wayne Smith, who opposed the bill but missed the floor vote, offered several amendments that supporters said would have gutted the bill.

One amendment offered by Smith was to delete the phrase “real or perceived,” which supporters say is a key piece of the legislation. The language allows a heterosexual person, for example, to bring a discrimination claim against an employer who fired the person because he thought the employee was gay or lesbian.

Smith said removing the word “perceived” from the bill would help ensure that a disgruntled employee dismissed for legitimate reasons couldn’t use the law as an excuse to bring a discrimination claim. He noted that “perceived” is not found in existing language that prohibits discrimination based on age, race, gender or marital status.

“The just seems like a very imprecise word to put in our code that could potentially broaden the chance for litigation,” Smith said.

Critics countered that removing the language would force a claimant to go through the “dehumanizing” process of proving his or her real sexual orientation.

The amendment fell two votes short of passage.

Another amendment offered by Smith and defeated by House members stated that the legislation would not require public schools to provide instruction on sexual orientation and behavior, and that the General Assembly affirms that human sexuality instruction must focus exclusively on heterosexual orientation and behavior.

“Some of these amendments were just mean-spirited,” said Drewry Fennell, executive director for the Delaware chapter of the American Civil Liberties Union.

Smith would not explain why he missed the roll call vote on the bill. He was in the chamber when the vote was taken, but not in his seat.

House Speaker Terry Spence (R-Talleyville) said Smith came up to talk to him about the bill and simply didn’t get back to his seat in time.

“I was taken aback,” Oberle said of Smith not voting. “I don’t know what that was all about.”

Oberle said he has been assured that the bill will not be assigned in the Senate to the Small Business Committee, where committee chair Sen. Robert Venables (D-Laurel) kept it locked up last year.

“I think this may be the year that this gets done,” Oberle said.