| 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. Beginning on January 1, 2012, civil unions became available to same-sex couples in Delaware, granting them the "rights, benefits, protections, and responsibilities" of married persons.[1]
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Delaware repealed its sodomy law in July 1972.[2]
Beginning on January 1, 2012, under the Civil Union and Equality Act of 2011 (Senate Bill 30) Delaware allowed same-sex couples to form civil unions that are substantially equal to marriage, and recognized same-sex civil unions or marriages performed out of state.[1]
In March 2011, state senators David P. Sokola and Melanie George introduced a bill to allow civil unions in Delaware.[3] It passed the Senate Administrative Services Committee on March 31,[4] the full Senate 13-6 on April 7, 2011,[5] and the House 26-15 on April 14.[6] Governor Jack Markell signed the bill into law on May 11, 2011. It will take effect on January 1, 2012.[7]
A bill to place a constitutional ban on same-sex marriage on the 2010 ballot was defeated in March 2009.[8] In December 2010, Delaware Right to Marry PAC announced plans to promote legislation to legalize same-sex marriage in the state in 2011.[9] 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.[10][11]
Delaware law permits any unmarried adult or married couple to petition a court for adoption of a child; after the commencement of civil unions in January 2012, same-sex couples in a civil union will have the same rights as married spouses in adoptions.[12][1]
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.[13]
March 6, 2011 poll by Lake Research Partners, showed that 62% in Delaware favor allowing same-sex couples to form civil unions, while 31% were opposed, and 7% were not sure.[14]
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.[15]
The current law does not include gender identity.
Since 2009, Delaware law has prohibited discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, and other areas.[16] Gender identity is not covered by the nondiscrimination law.[17]
However, under Executive Order Number Eight, issued on 11 August 2009 by Governor Jack Markell, employees of state execuative branch departments and agencies are protected from discrimination based on sexual orientation or gender identity.[18][19]
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