Delaware State News reports on rooting out racist language in deeds
Published on February 27, 2025
By Kaitlyn Cupelli
DOVER – Kent County Recorder of Deeds Eugenia Thornton has started a new project that aims to rid racist and other discriminatory language from old deeds.
“I became aware that we have records going back to the early times that have racist, sexist, homophobic, transphobic, anti-Semitic, all sorts of language in them,” Ms. Thornton said in an interview Wednesday.
A common discriminatory practice found in these deeds is race-based restrictive covenants, which are clauses that prohibit the actions of a certain person. They are especially apparent in real estate.
Though they have been illegal since 1968, there is no federally mandated process to get rid of offending language in property ownership documents.
Delaware is one of many states that has prohibited the recording of property documents discriminating against people based on race, sex, sexual orientation, gender identity, religion, age, and more.
In 2018, Delaware lawmakers allowed recorders of deeds such as Ms. Thornton to redact discriminatory language from older deeds and property records with a a change in code, under Title 9 Chapter 41 Section 9628.
“This allows me to go in and take out that offensive language legally,” Ms. Thornton said.
The problem, according to Ms. Thornton, is that people do not know that this is a possibility. When people find such language, they might not know what to do about it.
“What they need to know is that they can contact us, and we can take care of it,” she said.
Ms. Thornton added that this language may be in the deeds of older homes, historic homes, or developments that were built in the 1940s, 50s, or even the 60s. Those living in these types of homes can contact Ms. Thornton and learn to search back in their own deeds.
There could also be groups of people to help root out this racist language, either for a school or Eagle Scout project, Ms. Thornton suggested. She noted that the Blue Hen Chicks, a nonprofit organization that is part of the General Federation of Women’s Clubs, have expressed an interest.
The help of the public is needed because it’s not something that only Ms. Thornton and her team can accomplish, though she did state she wishes she could give the issue the time that it deserves.
“We process 1,900 multi-page records every month,” she said. “And I’ve only got four people to do it.”
Ms. Thornton also shared that the progress that has already been made in deleting this offensive language is something to celebrate.
“Back in the day, that’s how our country was,” Ms. Thornton said. “Our country has moved on. And as we move on, we strive not to be that way anymore.”
Ms. Thornton concluded by saying that, in Delaware, these laws are in place to protect the inclusion of everybody. They make it possible for Ms. Thornton to go back and correct the record.
“Everybody should be able to have the American dream, which is to purchase a home.”
To find out more, go to Kent County’s Community Relations page or contact Ms. Thornton at Eugenia.Thornton@KentCountyDE.gov.