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LGBT rights in Delaware

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LGBT rights in Delaware
Delaware(USA)
StatusLegal since 1973
Gender identityTransgender persons allowed to change legal gender
Discrimination protectionsYes, both sexual orientation and gender identity
Family rights
Recognition of relationshipsSame-sex marriage since 2013
AdoptionFull adoption rights since 2012

Lesbian, gay, bisexual, and transgender (LGBT) people in theU.S.state of Delaware enjoy the same legal protections as non-LGBT people. Same-sex sexual activity has been legal inDelawaresince January 1, 1973. On January 1, 2012,civil unionsbecame available to same-sex couples, granting them the "rights, benefits, protections, and responsibilities" of married persons.[1]Delaware legalizedsame-sex marriageon July 1, 2013.

State law bans discrimination on the basis ofsexual orientationandgender identity,and the state has legally banned the practice ofconversion therapyon minors since July 2018. Delaware is frequently referred to as one of theUnited States' most LGBT-friendly states.[2]A majority of Delawareans support same-sex marriage.[3]

Laws against same-sex sexual activity[edit]

Delaware repealed its sodomy law in July 1972.[4]The repeal of the sodomy law became effective on January 1, 1973.

Gay and trans panic defense law[edit]

In May 2023, a bill (HB142) was introduced to theDelaware General Assemblyto formally repeal the archaic common-law "gay and trans panic defense" and ban its usage. Virginia, Washington, D.C., and Maryland surrounding Delaware have repealed any or the usage of the gay and trans panic defense within legislation.[5]In June 2023, the bill (HB142) formally passed both houses of theDelaware Legislature- to abolish and remove the "gay and trans panic defense" within common-law. TheGovernor of Delawarehas yet to either sign or veto the bill.[6]

Recognition of same-sex relationships[edit]

Main article:Same-sex marriage in Delaware

In March 2011, state senators David P. Sokola and Melanie George introduced a bill to createcivil unionsin Delaware.[7]It was approved by the Delaware Legislature. GovernorJack Markellsigned the legislation on May 11, 2011, and it took effect on January 1, 2012.[8]In 2012,Delawareissued at least 565 civil union licenses, much higher than advocates had anticipated.[9]

In March 2012, Markell said he thought that the legalization of same-sex marriage in Delaware was "inevitable" and would be passed "probably within the next few years".[10]In September, RepresentativePete Schwartzkopfsaid he expected theGeneral Assemblyto vote on same-sex marriage in 2013 and that he would support it, but was uncertain of the legislation's prospects.[11]A bill to allow same-sex marriage and convert civil unions to marriages passed the Delaware House by a vote of 23 to 18 on April 23.[12]The Senate approved it by a vote of 12 to 9 on May 7,[13]and that same day the Governor signed the legislation, which went into effect July 1, 2013.[14]

Adoption and parenting[edit]

Delaware law permits any unmarried adult or married couple to petition a court for adoption of a child. The firstsecond-parent adoptioninvolving a same-sex couple occurred in October 2001.[15]Since January 2012, same-sex couples in a civil union or marriage have had the same adoption rights as opposite-sex couples.[1][16]

Discrimination protections and hate crime legislation[edit]

TheUniversity of Delaware's policy on both discrimination and harassment has included sexual orientation since 1990.[17]

Since 2009, Delaware law has prohibited discrimination on the basis of actual or perceivedsexual orientationin employment, housing, public accommodations, and other areas.[18]Since 2013, Delaware law has prohibited discrimination on the basis of actual or perceivedgender identityin employment, housing, public accommodations, and other areas.Bill SB 97that prohibits discrimination on the basis of actual or perceivedgender identitypassed the Senate by a vote of 11-7 on June 6, 2013.[19]The House later passed it by a vote of 24-17 with amendments. The Senate approved the amendments by a vote of 11-9 on June 18,[20][21]and then a day later it was signed into law by the Governor.[22]The law went into effect immediately.[23][24]

GovernorJack Markellissued an executive order on August 11, 2009, that protects employees of state's executive branch departments and agencies from discrimination on the basis of sexual orientation or gender identity.[25][26]

Since 2001, Delaware has imposed additional penalties for committing a violent crime motivated by the victim's actual or perceivedsexual orientation.Since 2013, Delaware has imposed additional penalties for committing a violent crime motivated by the victim's actual or perceivedgender identity.

HIV medicine and Prep[edit]

In June 2021, a law was implemented withinDelawareto protect individuals from discrimination based on HIV medicine and Prep.[27]

Loophole and outdated provisions[edit]

In May 2021, a bill passed theDelaware Legislatureto repeal a 2009 discoveredloopholethat found to legally preventedsexual orientationdiscrimination claims for individuals within need of urgent legal protections and security that say - "based solely on just one exclusive sexual orientation". The bill alsorepeala small section ofgender identitylaws that say - "used for an improper purpose" in an outdated provision within the legislation from 2013. TheGovernor of DelawareJohn Carneyis yet to either sign or veto the bill.[28][29]

On the 28th March 2024, a bill (HB275) passed 21-15 vote within theDelaware House of Representatives- to explicitly include “asexuals and pansexuals in the definition of sexual orientation”. The bill awaits an upcoming vote in theDelaware Senate.[30]

Gender identity and expression[edit]

Transgender people are allowed to change their legal gender in Delaware, requiring only the signed statement of a licensed medical provider to change the marker on their state-issued identification. As of February 11, 2017,[31]sex reassignment surgery is no longer an explicit requirement to obtain an amended birth certificate. Instead, a signed affidavit from a medical provider is required, stating that there has been "surgical, hormonal, psychological or other treatment appropriate for the individual for the purpose of gender transition."[32][33]

In 2015, theDelaware General Assemblypassed a law to make it easier for inmates to access and/or change the name on their birth certificates to reflect theirgender identity.Previously, inmates could only change their names due to religious beliefs.[34]Democratic GovernorJack Markellsigned the bill into law on June 25, 2015.[34]The law became effective immediately.[35]

Since March 26, 2016, Delaware has prohibited discrimination based ongender identitywithin insurance contracts.[36]This includessex reassignment surgery.[37][38]

As of April 2020, Delaware does not have gender X available ondrivers licenses.The states of New Jersey, Pennsylvania, Virginia, Washington,D.C., and Maryland surrounded by Delaware, all already have gender X available on drivers licenses.[39]

HIV law reform[edit]

In April 2017, theDelaware Legislaturepassed, andGovernorJohn C. Carney Jr.subsequently signed into law, a bill to allow HIV patients to donate to other HIV patients.[40][41][42]The law went into effect on January 1, 2018.

Conversion therapy[edit]

See also:List of U.S. jurisdictions banning conversion therapy

SB 65,a bill to ban the use ofconversion therapyon minors, passed thestate Senateby a vote of 12-3 on May 17, 2017, and thestate Houseon June 7, 2018 by a vote of 24-14.[43]The bill was signed into law by theGovernor of Delaware,John C. Carney Jr.,a month later in July 2018 and went into effect immediately.[44][45][43][46][47]Conversion therapy has a negative effect on the lives of LGBT people, and can lead to low self-esteem, depression and suicide.

Public opinion[edit]

In February 2011, aPublic Policy Pollingsurvey found that 48% of Delaware voters supported the legalization of same-sex marriage, while 47% were opposed and 5% were not sure.[48]A March 2011 poll by Lake Research Partners showed that 62% in Delaware favored allowing same-sex couples to form civil unions, while 31% were opposed, and 7% were not sure.[49]

A February 2013 poll, conducted by Global Strategy Group, found that 54% of likely voters supported same-sex marriage, 37% were opposed and 8 percent didn't know or declined to answer the question.[50][51]

A 2017Public Religion Research Institute(PRRI) poll found that 58% of Delaware residents supported same-sex marriage, while 27% opposed it and 15% were unsure.[3]The same poll also found that 68% of Delawareans supported an anti-discrimination law covering sexual orientation and gender identity, while 21% were opposed.[52]Furthermore, 60% were against allowing businesses to refuse to serve gay and lesbian people due to religious beliefs, while 28% supported allowing such religiously-based refusals.[53]

Summary table[edit]

Same-sex sexual activity legal Yes(Since 1973)
Equal age of consent (16) Yes(Since 1973)
Anti-discrimination laws in all areas Yes(Since 2009 for sexual orientation and since 2013 for gender identity)
Same-sex marriages Yes(Since 2013)
Recognition of same-sex couples (e.g. civil union) Yes(Since 2012)
Joint and stepchild adoption by same-sex couples Yes(Since 2012)
Gays, lesbians and bisexuals allowed to serve in the military Yes(Since 2011)
Transgender people allowed to serve openly in the military Yes/No(Most Transgender personnel allowed to serve openly since 2021)[54]
Transvestites allowed to serve openly in the military No[55]
Intersex people allowed to serve openly in the military X/Yes(Current DoD policy bans "Hermaphrodites" from serving or enlisting in the military)[56]
Right to change legal gender Yes
Access to IVF for lesbians Yes
Conversion therapybanned on minors Yes(Since 2018)
Gender X orthird genderrecognition No(Pending)
Commercial surrogacy for gay male couples Yes
MSMsallowed to donate blood Yes/No(3 month deferral; federal policy)

See also[edit]

References[edit]

  1. ^abSenate Bill 30, "An Act to Amend Title 13 of the Delaware Code Relating to Civil Unions,General Assembly of Delaware, accessed 4 December 2011.
  2. ^"The best and worst states for LGBT equality".MSNBC.Archived fromthe originalon 2018-07-10.Retrieved2018-08-04.
  3. ^abPublic opinion on same-sex marriage by state: Delaware.PRRI – American Values Atlas.
  4. ^William N. Eskridge,Dishonorable Passions: Sodomy Laws in America, 1861–2003(NY: Penguin Group, 2008), 201,available online,accessed April 9, 2011
  5. ^[1]
  6. ^[2]
  7. ^Miller, Beth (March 23, 2011)."Delaware government: Civil unions bill filed in Dover".News Journal.RetrievedApril 13,2011.[dead link]
  8. ^San Francisco Chronicle:"Delaware governor signs civil unions bill into law," May 11, 2011,accessed May 12, 2011
  9. ^"Number of civil unions 'exceeded expectations'".Delaware Newszap. 2012-12-30. Archived fromthe originalon 2013-11-06.Retrieved2013-11-02.
  10. ^"Delaware governor says gay marriage is" inevitable "in his state".Reuters.March 2, 2012.Retrieved16 December2012.
  11. ^Starkey, Jonathan (September 26, 2012)."Schwartzkopf: gay marriage a" no-brainer "".DelawareOnline.RetrievedDecember 16,2012.
  12. ^"Delaware House Approves Gay Marriage Bill".CBS Philly.April 23, 2013.RetrievedMay 7,2013.
  13. ^Chase, Randall (May 7, 2013)."Delaware to Become 11th State With Gay Marriage".ABC News.RetrievedMay 7,2013.
  14. ^Byrne, Tom (May 7, 2013)."Delaware becomes 11th state to approve same-sex marriage".WDDE.Archived fromthe originalon December 29, 2013.RetrievedMay 7,2013.
  15. ^"Delaware: Gay Couple Adopts".New York Times.October 18, 2001.RetrievedJanuary 25,2013.
  16. ^"Delaware Adoption Law".Human Rights Campaign. Archived fromthe originalon February 3, 2013.RetrievedJanuary 25,2013.
  17. ^"Delaware: Faculty Broadens University Policy On Harassment".New York Times.December 9, 1990.RetrievedJanuary 25,2013.
  18. ^State of Delaware:"145th General Assembly Senate Bill # 121",accessed May 12, 2011
  19. ^Lavers, Michael K. (June 7, 2013)."Delaware Senate approves transgender rights bill".Washington Blade.RetrievedJune 13,2013.
  20. ^"Del. gender identity protections bill clears final legislative vote – LGBTQ Nation".Lgbtqnation.com. 2011-04-12.Retrieved2013-11-02.
  21. ^"Delaware Governor Markell Signs Transgender Rights Bill into Law | Human Rights Campaign".Hrc.org. 2013-06-19. Archived fromthe originalon 2013-11-03.Retrieved2013-11-02.
  22. ^Lavers, Michael K. (2013-06-19)."Markell signs transgender rights bill into law: Washington Blade – America's Leading Gay News Source".Washingtonblade.com.Retrieved2013-11-02.
  23. ^"Del. state House approves transgender protections bill – LGBTQ Nation".Lgbtqnation.com. 2011-04-12.Retrieved2013-11-02.
  24. ^Lavers, Michael K. (June 12, 2013)."Delaware House committee approves transgender rights bill".Washington Blade.RetrievedJune 13,2013.
  25. ^Hammonds, Deborah (December 9, 2009)."States extend anti-discrimination protections to include sexual orientation and gender identity".Employment Law Daily.Archived fromthe originalon January 28, 2016.RetrievedDecember 17,2012.
  26. ^"Markell Expands Efforts to Promote Equality in Delaware, August 11, 2009".State of Delaware. Archived fromthe originalon 2012-12-20.RetrievedDecember 17,2012.
  27. ^"Delaware HB111 | 2021-2022 | 151st General Assembly".
  28. ^"Why Delaware may make sexual orientation, gender identity protections more inclusive".
  29. ^"Bill Detail - Delaware General Assembly".
  30. ^[3]
  31. ^Christian, Arli (February 2, 2017)."Victory: Delaware becomes the 14th state to modernize birth certificate gender change requirements".National Center for Transgender Equality.RetrievedOctober 21,2018.
  32. ^"16 Del. Admin. Code 4205 § 10.7 (2018)"(PDF).
  33. ^Delaware,National Center for Transgender Equality
  34. ^abStarkey, Jonathan (2015-06-16)."Transgender name change bill clears in Legislature".The News Journal.Wilmington, Delaware.Retrieved2016-07-02.
  35. ^"HB 115 - Delaware 148th General Assembly (2015-2016)".Open States.Retrieved2016-07-02.
  36. ^"Domestic/Foreign insurers bulletin no. 86"(PDF).
  37. ^"Delaware prohibits limits on transgender health coverage".www.lgbtqnation.com.Associated Press. March 26, 2016.
  38. ^"Timeline of LGBT History In Delaware".www.towardequality.org.
  39. ^"Movement Advancement Project | Identity Document Laws and Policies".
  40. ^"Legislation Document".legis.delaware.gov.
  41. ^"Bill Detail - Delaware General Assembly".legis.delaware.gov.
  42. ^"Governor Carney Signs Bill Allowing Organ Donation for HIV-Positive Donors and Recipients".April 25, 2017.
  43. ^ab"Bill Detail - Delaware General Assembly".legis.delaware.gov.
  44. ^Campaign, Human Rights."Delaware Enacts Law Protecting Youth from" Conversion Therapy "".Human Rights Campaign.Archived fromthe originalon 2018-09-10.Retrieved2019-08-28.
  45. ^"Democrat pushes legislation to ban sexual orientation conversion therapy".April 27, 2017.
  46. ^Dawson, James (18 May 2017)."Delaware Senate okays conversion therapy ban".www.delawarepublic.org.
  47. ^Campaign, Human Rights (7 June 2018)."Delaware Legislature Passes Anti-" Conversion Therapy "Bill".Human Rights Campaign.
  48. ^"Plurality of Delaware Supports Marriage Equality".Delaware Liberal.February 9, 2011.RetrievedApril 13,2011.
  49. ^"Delaware same-sex partnership support"(PDF).Delaware same-sex partnership.Archived fromthe original(PDF)on 2012-10-21.
  50. ^"New Poll: 54% of Delaware Voters Support Marriage Equality"(PDF).Retrieved2013-12-05.
  51. ^"Poll: At least half of Delaware's voters would support same-sex marriage".Delawareonline.com. Archived fromthe originalon 2016-01-28.Retrieved2013-12-05.
  52. ^Public opinion on LGBT nondiscrimination laws by state: Delaware.PRRI – American Values Atlas.
  53. ^Public opinion on religiously based refusals to serve gay and lesbian people by state: Delaware.PRRI – American Values Atlas.
  54. ^"Biden reverses Trump ban on transgender people in military".Associated Press.20 April 2021.
  55. ^"Medical Conditions That Can Keep You from Joining the Military".10 May 2021.
  56. ^"Medical Conditions That Can Keep You from Joining the Military".10 May 2021.

External links[edit]

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