LGBT rights in Delaware

LGBT rights in Delaware
Delaware (USA)
Same-sex sexual activity legal?	Legal since 1973
Gender identity/expression	No
Recognition of relationships	Civil unions from January 1, 2012
Restrictions:	Statute defines marriage as one man and one woman
Adoption	Yes

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Delaware have many legal protections, though transgender persons lack certain protections. Same-sex sexual activity is legal in Delaware. Same-sex couples in civil unions have the same rights available to opposite-sex married couples under state law.

Laws against same-sex sexual activity

Delaware repealed its sodomy law in July 1972.^[1]

Recognition of same-sex relationships

Beginning on January 1, 2012, Delaware will recognize same-sex civil unions. In March 2011, state senators David P. Sokola and Melanie George introduced a bill to allow civil unions in Delaware.^[2] It passed the Senate Administrative Services Committee on March 31,^[3] the full Senate 13-6 on April 7, 2011,^[4] and the House 26-15 on April 14.^[5] Governor Jack Markell signed the bill into law May 11, 2011. It will take effect on January 1, 2012.^[6]

A bill to place a constitutional ban on same-sex marriage on the 2010 ballot was defeated in March 2009.^[7] In December 2010, Delaware Right to Marry PAC announced plans to promote legislation to legalize same-sex marriage in the state in 2011.^[8] The group withdrew this plan after the passage of the civil unions legislation during the 2011 legislative session, and announced plans for a new effort to phase out civil unions and legalize same-sex marriage in Delaware in 2013.^[9][10]

Adoption

There is no explicit prohibition on same-sex couples adopting children in Delaware.^[11]

Opinion polling

A 2011 Public Policy Polling survey found that 48 percent of Delaware voters supported the legalization of same-sex marriage, while 47 were opposed and 5 percent were not sure.^[12]

March 6, 2011 poll by Lake Research Partners, shows that 62% in Delaware favor allowing same-sex couples to form civil unions which is twice the number who oppose such a law 31% and 7% were not sure.^[13]

Hate crime legislation

Since 2001, it has been illegal under the Delaware Code to commit a hate crime on the basis of an individual's actual or perceived sexual orientation.^[14]

The current law does not include gender identity.

Discrimination protections

Since 2009, it has been illegal under the Delaware Code to discriminate against an individual person on the basis of actual or perceived sexual orientation in housing, employment, public works, contracting, public accommodations, insurance.^[15]

There is no legal discrimination provision for gender identity for non-government employees.^[16] Non-government employees are not protected from discrimination based on gender identity. However, under Executive Order Number Eight all government employees and employers are being protected from any discrimination based on both sexual orientation and gender identity.^[17][18]

See also

	LGBT portal
	Delaware portal

• Politics of Delaware
• LGBT rights in the United States
• Rights and responsibilities of marriages in the United States

References

1. ^ William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201, available online, accessed April 9, 2011
2. ^ Miller, Beth (March 23, 2011). "Delaware government: Civil unions bill filed in Dover". News Journal. http://www.delawareonline.com/article/20110323/NEWS02/103230356/-1/health03/Civil-unions-bill-filed-Dover?odyssey=nav. Retrieved April 13, 2011. 
3. ^ Beth Miller (31 March 2011). "Delaware civil unions bill clears committee". The News Journal. http://www.delawareonline.com/article/20110331/NEWS02/103310353/Civil-unions-bill-clears-committee?odyssey=tab. 
4. ^ Chibbaro Jr., Lou (April 7, 2011). "Delaware Senate passes civil unions bill". Washington Blade. http://www.washingtonblade.com/2011/04/07/del-senate-passes-civil-unions-bill/. 
5. ^ Miller, Beth (April 14, 2011). "Delaware adopts civil unions bill". The News Journal. http://www.delawareonline.com/article/20110414/NEWS/110414059/Delaware-adopts-civil-unions-bill?odyssey=mod. 
6. ^ San Francisco Chronicle: ""Delaware governor signs civil unions bill into law," May 11, 2011, accessed May 12, 2011
7. ^ Advocate: Gay Rights Achieve Victories in Delaware, accessed April 13, 2011
8. ^ [1]
9. ^ "2013 Proposal Summary Released", accessed July 18, 2011
10. ^ "The Proposal", accessed July 18, 2011
11. ^ [2]
12. ^ "Plurality of Delaware Supports Marriage Equality". Delaware Liberal. February 9, 2011. http://www.delawareliberal.net/2011/02/09/large-plurality-of-delaware-supports-marriage-equality/. Retrieved April 13, 2011. 
13. ^ "Delaware same-sex partnership support". Delaware same-sex partnership. http://equalitydelaware.org/uploads/BroadSupport_PressRel_EQDE_110316.pdf. 
14. ^ http://www.hrc.org/documents/hate_crime_laws.pdf
15. ^ State of Delaware: "145th General Assembly Senate Bill # 121", accessed May 12, 2011
16. ^ http://www.hrc.org/documents/Employment_Laws_and_Policies.pdf
17. ^ http://governor.delaware.gov/news/2009/08august/20090811-promoteequality.shtml
18. ^ http://governor.delaware.gov/orders/exec_order_8.shtml