LGBT rights in Delaware

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LGBT rights in Delaware
Delaware (USA)
Delaware (USA)
Same-sex sexual activity legal? Legal since 1973
Recognition of
No recognition of same-sex relationships
Statute defines marriage as one man/one woman

Laws against same-sex intimate contact

All laws against same-sex sexual activity have been fully repealed since 1973, thirty years before Lawrence v. Texas. The age of consent is equally set at 16.

Recognition of same-sex relationships

Currently there is no recognition of same-sex relationships. A bill that would have placed a constitutional ban on same-sex marriage on the 2010 ballot was defeated in March 2009.[1]

Hate crime legislation

Since 2001 it is illegal under the Delaware Code to commit a hate crime against an individuals actual or perceived sexual orientation [1].

The current law does not include gender identity.

Discrimination protections

Since 2009 it is 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

There is no legal discrimination provision for gender identity for non-government employees [2]. 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 [3] [4].

See also



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