LGBT rights in Delaware
Encyclopedia
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.
s. In March 2011, state senators David P. Sokola and Melanie George introduced a bill to allow civil unions in Delaware. It passed the Senate Administrative Services Committee on March 31, the full Senate 13-6 on April 7, 2011, and the House 26-15 on April 14. Governor Jack Markell signed the bill into law May 11, 2011. It will take effect on January 1, 2012.
A bill to place a constitutional ban on same-sex marriage on the 2010 ballot was defeated in March 2009. In December 2010, Delaware Right to Marry PAC announced plans to promote legislation to legalize same-sex marriage in the state in 2011. 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.
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.
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.
.
The current law does not include gender identity.
in housing, employment, public works, contracting, public accommodations, insurance.
There is no legal discrimination provision for gender identity
for non-government employees. 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.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
state of Delaware have many legal protections, though transgender persons lack certain protections. Same-sex sexual activity is legal in Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
. Same-sex couples in civil unions have the same rights available to opposite-sex married couples under state law.
Recognition of same-sex relationships
Beginning on January 1, 2012, Delaware will recognize same-sex civil unionCivil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s. In March 2011, state senators David P. Sokola and Melanie George introduced a bill to allow civil unions in Delaware. It passed the Senate Administrative Services Committee on March 31, the full Senate 13-6 on April 7, 2011, and the House 26-15 on April 14. Governor Jack Markell signed the bill into law May 11, 2011. It will take effect on January 1, 2012.
A bill to place a constitutional ban on same-sex marriage on the 2010 ballot was defeated in March 2009. In December 2010, Delaware Right to Marry PAC announced plans to promote legislation to legalize same-sex marriage in the state in 2011. 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.
Opinion polling
A 2011 Public Policy PollingPublic Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
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.
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.
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 orientationSexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
.
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 orientationSexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
in housing, employment, public works, contracting, public accommodations, insurance.
There is no legal discrimination provision for gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
for non-government employees. 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.
See also
- Politics of DelawarePolitics of DelawareDue to the state's small size , the politics of Delaware tend to be less convoluted and controversial than those in neighboring states...
- LGBT rights in the United States
- Rights and responsibilities of marriages in the United StatesRights and responsibilities of marriages in the United StatesAccording to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...