Same-sex marriage in Delaware

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Same-sex marriage has been legally recognized in Delaware since July 1, 2013. Governor Jack Markell signed legislation legalizing same-sex marriage on May 7, 2013, just hours after its passage in the Delaware House of Representatives and Senate. Delaware was the eleventh U.S. state, [a] and the twelfth U.S. jurisdiction (after the District of Columbia), to allow same-sex couples to marry, preceding Minnesota and Rhode Island by one month.

Contents

Delaware previously extended recognition to same-sex relationships in the form of civil unions, which granted same-sex couples the "rights, benefits, protections, and responsibilities" of married spouses. Civil unions became available in Delaware on January 1, 2012, following the enactment of legislation signed by Governor Markell on May 11, 2011.

Civil unions

In March 2011, senators David Sokola and Melanie George Smith introduced a bill to allow civil unions to the Delaware General Assembly. [1] It passed the Senate Administrative Services Committee on March 31, [2] and the full Senate by a vote of 13–6 on April 7, 2011. [3] It passed the House of Representatives in a 26–15 vote on April 14. [4] Governor Jack Markell signed the bill into law on May 11, 2011, and it took effect on January 1, 2012. [5] At the signing, he said: [6]

"Tonight, with the signing of this law, we say to any Delawarean, regardless of sexual orientation, if you have committed yourself to somebody, and you've made that pledge to spend your life together in partnership, your love is equally valid and deserving, your family is now equal under the law."

Delaware civil unions provided the "rights, benefits, protections, and responsibilities" of marriage under a different name. [7] Approximately 565 civil union licenses were issued in 2012, with 250 of these being issued in Sussex County, 235 in New Castle County, and 80 in Kent County. [8]

The ability to enter into civil unions was closed off on July 1, 2013, and all civil unions were converted to marriages by July 1, 2014. [9]

Same-sex marriage

In March 2012, Governor Jack 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 2012, Representative Peter Schwartzkopf, who became House Speaker in January 2013, said he expected the General Assembly to vote on same-sex marriage in 2013 and that he would support it, but was uncertain of the legislation's prospects. [11] On February 1, 2013, in anticipation of legislative activity, Francis Malooly, the Roman Catholic Bishop of Wilmington, authored a letter to parishioners stating that marriage is a covenant between a man and a woman that must be "cherished and defended". [12]

In April 2013, a bill was introduced to legalize same-sex marriage while eliminating civil unions and converting them to marriages by July 2014 if not dissolved earlier. Malooly wrote a letter to legislators on April 15 that said that marriage is not "just about love and commitment between two people" as many think but "it is also about the unique expression of love that only and man and woman as husband and wife can give to each other", that marriage is not a "label" but a "communion" that "is impossible without the sexual difference". [13] The Delaware House Administration Committee advanced the bill to the full House on April 18. [14] Governor Markell said he would sign it if it passed. [15] It passed the House on April 23 on a 23–18 vote. [16] The Senate Executive Committee approved the legislation on May 1, and it passed the Senate on May 7 on a 12–9 vote. [17] Markell signed the bill outside the Assembly building within an hour of the vote. [18] [19] [20]

April 23, 2013 vote in the Delaware House of Representatives
Political affiliationVoted forVoted againstAbsent (Did not vote)
  Democratic Party –
  Republican Party –
Total 23180
May 7, 2013 vote in the Delaware Senate
Political affiliationVoted forVoted againstAbsent (Did not vote)
  Democratic Party –
  Republican Party –
Total 1290

The legislation was titled An act to amend Title 13 of the Delaware code relating to domestic relations to provide for same-gender civil marriage and to convert existing civil unions to civil marriages. [21] It also gave Delaware courts authority over divorce proceedings in the case of a same-sex couple married in Delaware who resided in a state that would not grant them a divorce because it did not recognize their marriage. Since June 26, 2015, same-sex marriage is legal throughout the United States, rendering this provision moot. [22] The bill added the following section to the state's marriage statute: [23]

All laws of this State applicable to marriage or married spouses or the children of married spouses, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, shall apply equally to same-gender and different-gender married couples and their children. [Del. Code tit. 13 § 129]

State Senator Karen Peterson came out as lesbian during the debate on May 7, becoming the state's first-ever openly LGBTQ legislator. [24] When the statute took effect on July 1, Peterson and her partner were the first same-sex couple to legally convert their civil union into a marriage. [25] The first same-sex couple to marry were Joseph Daigle and Dan Cole, in a semi-public ceremony attended by hundreds and officiated by New Castle County Clerk of the Peace Ken Boulden on July 1, 2013, in the Marian Cruger Coffin Gardens at Gibraltar Mansion in Wilmington. Opening remarks for the first marriage were provided by Attorney General Beau Biden, an invocation was provided by Rector of the Trinity Episcopal Church Pat Downing, and a reading was performed by poet Devon Miller-Duggan. Daigle and Cole were activists heavily involved in the process of passage, and Cole worked on writing and implementing the law. [26] [27]

Subsequent developments

A bill removing "homosexuality" and "lesbianism" from the definition of misconduct which may be used as grounds for a divorce was introduced to the Delaware General Assembly on March 13, 2016. [28] The bill passed the House on May 10 in a 36–4 vote, [29] and the Senate on June 9 in a unanimous 21–0 vote. Governor Jack Markell signed the bill into law on June 28. [30]

Demographics and marriage statistics

2,092 marriage licenses were issued to same-sex couples from July 1, 2013, to June 30, 2014. In Sussex County and Kent County, around 37% and 10% of marriage licenses were granted to same-sex couples, respectively. Same-sex marriages made up around 26% of all marriages statewide. [31] The high percentage is mostly attributed to the fact that same-sex marriages could not be legally performed in the neighbouring states of New Jersey and Pennsylvania.

The 2020 U.S. census showed that there were 3,194 married same-sex couple households (1,428 male couples and 1,766 female couples) and 1,679 unmarried same-sex couple households in Delaware. [32]

Public opinion

Public opinion for same-sex marriage in Delaware
Poll sourceDates administeredSample sizeMargin of errorSupportOppositionDo not know / refused
Public Religion Research Institute March 9 – December 7, 2023 169 adults ?62%35%3%
Public Religion Research Institute March 11 – December 14, 2022  ? ?69%29%2%
Public Religion Research Institute March 8 – November 9, 2021  ? ?66%32%2%
Public Religion Research Institute January 7 – December 20, 2020 192 adults ?60%29%11%
Public Religion Research Institute April 5 – December 23, 2017 219 adults ?58%27%15%
Public Religion Research Institute May 18, 2016 – January 10, 2017 302 adults ?62%25%13%
Public Religion Research Institute April 29, 2015 – January 7, 2016 239 adults ?66%25%9%
Public Religion Research Institute April 2, 2014 – January 4, 2015 157 adults ?57%31%12%
New York Times/CBS News/YouGov September 20 – October 1, 2014471 likely voters± 5.2%54%31%15%
Global Strategy Group February 12–14, 2014603 likely voters± 4.0%54%37%9%
Public Policy Polling January 26–28, 2011605 registered voters± 4.0%48%47%5%

See also

Notes

Related Research Articles

<span class="mw-page-title-main">Civil union</span> Legal union similar to marriage

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.

Same-sex marriage has been legally recognized in New York since July 24, 2011, under the Marriage Equality Act. The Act does not have a residency restriction, as some similar laws in other U.S. states do. It also allows religious organizations to decline to officiate at same-sex wedding ceremonies.

Same-sex marriage has been legally recognized in New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognize same-sex marriages. The Windsor decision held that the federal government was required to provide the same benefits to same-sex couples who were married under state law as to other married couples. Therefore, the state court reasoned in Garden State Equality v. Dow that, because same-sex couples in New Jersey were limited to civil unions, which are not recognized as marriages under federal law, the state must permit civil marriage for same-sex couples. This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples. The Supreme Court had ordered the New Jersey Legislature to correct the constitutional violation, by permitting either same-sex marriage or civil unions with all the rights and benefits of marriage, within 180 days. In response, it passed a bill to legalize civil unions on December 21, 2006, which became effective on February 19, 2007.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

Same-sex marriage has been legally recognized in Connecticut since November 12, 2008 as a result of the Connecticut Supreme Court ruling 4–3 in Kerrigan v. Commissioner of Public Health that the state's statutory prohibition on same-sex marriage violated the Constitution of Connecticut and that the state's civil unions failed to provide same-sex couples with rights and privileges equivalent to those of marriage.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

<span class="mw-page-title-main">Same-sex marriage in Hawaii</span>

Same-sex marriage has been legal in Hawaii since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2, making Hawaii the fifteenth U.S. state to legalize same-sex marriage. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights. When Hawaii's civil union law took effect at the start of 2012, same-sex marriages established in other jurisdictions were considered civil unions in Hawaii.

Same-sex marriage has been legally recognized in Rhode Island since August 1, 2013. The state had authorized a limited form of domestic partnerships from 2002 to 2011 and the formation of civil unions from 2011 until the state began recognizing same-sex marriages in 2013. Same-sex marriage legislation passed the House of Representatives on January 24, 2013. The Senate passed an amended version on April 24, 2013 by a 26–12 vote, which the House approved on May 2 by 56 votes to 15. The bill was signed into law by Governor Lincoln Chafee the same day, and took effect on August 1, with the first same-sex marriages taking place that day. Rhode Island was the last U.S. state in New England to legalize same-sex marriage.

Same-sex marriage has been legal in New Hampshire since January 1, 2010, based on legislation signed into law by Governor John Lynch on June 3, 2009. Following much discussion, a same-sex marriage bill was approved 14–10 by the Senate and 198–176 by the House of Representatives in May 2009. The law provided that civil unions, which the state had established on January 1, 2008, would be converted to marriages on January 1, 2011, unless dissolved, annulled, or converted before that date. Efforts to repeal the law were defeated in March 2012.

Same-sex marriage has been legally recognized in Illinois since a law signed by Governor Pat Quinn on November 20, 2013 took effect on June 1, 2014. Same-sex marriage legislation was introduced in successive sessions of the Illinois General Assembly from 2007 to 2013. It passed the Senate in February 2013, but legislators delayed a vote in the House while lobbying for votes until November 5, 2013, when the House passed an amended version of the bill by a narrow margin. The Senate quickly approved the amended bill and Governor Quinn signed it into law on November 20. The law went into effect (statewide) on June 1, 2014, with same-sex couples able to apply for marriage licenses and then marry after the mandatory one-day waiting period. Illinois was the nineteenth U.S. state to legalize same-sex marriage.

This is a list of notable events in the history of LGBTQ rights that took place in the year 2009.

Same-sex marriage has been fully recognized in the U.S. state of Minnesota since August 1, 2013. Same-sex marriages have been recognized if performed in other jurisdictions since July 1, 2013, and the state began issuing marriage licenses to same-sex couples on August 1. After 51.9% of state voters rejected a constitutional amendment to ban same-sex marriage in November 2012, the Minnesota Legislature passed a same-sex marriage bill in May 2013, which Governor Mark Dayton signed on May 14, 2013. Minnesota was the second state in the Midwest, after Iowa, to legalize marriage between same-sex couples, and the first in the region to do so by enacting legislation rather than by court order. Minnesota was the first state to reject a constitutional amendment banning same-sex marriage, though Arizona rejected one in 2006 that banned all legal recognition and later approved one banning only marriage.

Same-sex marriage has been legally recognized in Maine since December 29, 2012. A bill for the legalization of same-sex marriages was approved by voters, 53–47 percent, on November 6, 2012, as Maine, Maryland and Washington became the first U.S. states to legalize same-sex marriage by popular vote. Election results were certified by the Maine Secretary of State's office and the Governor of Maine, Paul LePage, on November 29. Maine was the eighth U.S. state to legalize same-sex marriage.

The U.S. state of Colorado has provided limited recognition of same-sex unions in the form of designated beneficiary agreements since July 1, 2009, and as civil unions since May 1, 2013. Same-sex marriage was legalized on October 7, 2014.

Same-sex marriage has been legally recognized in Pennsylvania since May 20, 2014, when a U.S. federal district court judge ruled that the state's 1996 statutory ban on recognizing same-sex marriage was unconstitutional. Governor Tom Corbett announced the following day that he would not appeal the decision. Pennsylvania had previously prohibited the recognition of same-sex marriage by statute since 1996, but had never added such a ban to its State Constitution.

<span class="mw-page-title-main">LGBTQ rights in Delaware</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Delaware enjoy the same legal protections as non-LGBTQ people. Same-sex sexual activity has been legal in Delaware since January 1, 1973. On January 1, 2012, civil unions became available to same-sex couples, granting them the "rights, benefits, protections, and responsibilities" of married persons. Delaware legalized same-sex marriage on July 1, 2013.

<span class="mw-page-title-main">LGBTQ rights in Hawaii</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Hawaii enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

<span class="mw-page-title-main">Hawaii Marriage Equality Act</span> 2013 Hawaiʻi state law allowing same-sex marriages

The Hawaii Marriage Equality Act of 2013 is legislation passed by the Hawaii State Legislature as Senate Bill 1 (SB1) and signed by Governor Neil Abercrombie which legalized same-sex marriage in the U.S. state of Hawaii. Prior to the bill's enactment, same-sex couples in the state of Hawaii were allowed to form civil unions or reciprocal beneficiary relationships ; however, civil unions are both legally limited to civil officials in their performance and unrecognized by the federal government, and RBRs are even more limited by the rights and privileges accorded.

This is a list of notable events in LGBTQ rights that took place in the 2010s.

References

  1. ↑ Miller, Beth (March 23, 2011). "Delaware government: Civil unions bill filed in Dover". News Journal. Retrieved April 13, 2011.
  2. ↑ Beth Miller (March 31, 2011). "Delaware civil unions bill clears committee". The News Journal.
  3. ↑ Chibbaro Jr., Lou (April 7, 2011). "Delaware Senate passes civil unions bill". Washington Blade.
  4. ↑ Miller, Beth (April 14, 2011). "Delaware adopts civil unions bill". The News Journal.
  5. ↑ Miller, Beth (May 12, 2011). "Governor signs Delaware civil unions bill". USA Today. Retrieved December 29, 2012.
  6. ↑ Mucha, Peter (May 12, 2013). "Same-sex unions legalized in Delaware". Philadelphia Inquirer. Archived from the original on May 23, 2011. Retrieved January 23, 2013.
  7. ↑ Senate Bill 30, "An Act to Amend Title 13 of the Delaware Code Relating to Civil Unions, General Assembly of Delaware, accessed December 4, 2011.
  8. ↑ "Number of civil unions 'exceeded expectations'". Delaware Newszap. December 30, 2012. Archived from the original on November 6, 2013. Retrieved April 5, 2014.
  9. ↑ Ramseyer, Laurel (May 7, 2013). "Delaware Becomes Eleventh State to Legalize Marriage Equality [Updated]". Pam's House Blend. Retrieved May 7, 2013.
  10. ↑ "Delaware governor says gay marriage is "inevitable" in his state". Reuters. March 2, 2012. Retrieved December 16, 2012.
  11. ↑ Starkey, Jonathan (September 26, 2012). "Schwartzkopf: gay marriage a "no-brainer"". DelawareOnline. Retrieved December 16, 2012.
  12. ↑ Ford, Zack (February 4, 2013). "Delaware Bishop Attacks Marriage Equality: 'Unrestrained Romanticism Damages Marriage'". Think Progress.
  13. ↑ "Marriage is not for government to 'define or redefine,' says bishop". The Catholic Sun. April 17, 2013. Retrieved May 7, 2013.
  14. ↑ "Bill authorizing same-sex marriage in Delaware clears committee, headed to House floor". Washington Post. April 17, 2013. Archived from the original on April 25, 2013. Retrieved April 23, 2013.
  15. ↑ "Gov. Markell tells activists he would sign marriage equality bill". Delaware Online. April 9, 2013. Retrieved April 23, 2012.
  16. ↑ Dawson, James (April 23, 2013). "Same-sex marriage bill clears state House". WDDE. Archived from the original on May 12, 2013. Retrieved April 23, 2013.
  17. ↑ Ford, Zack (May 7, 2013). "BREAKING: Delaware To Become 11th State With Marriage Equality". Think Progress. Retrieved May 7, 2013.
  18. ↑ "Delaware, Continuing a Trend, Becomes the 11th State to Allow Same-Sex Unions". The New York Times. May 7, 2013.
  19. ↑ Chase, Randall (May 7, 2013). "Delaware to Become 11th State With Gay Marriage". ABC News . Retrieved May 7, 2013.
  20. ↑ Byrne, Tom (May 7, 2013). "Delaware becomes 11th state to approve same-sex marriage". WDDE. Archived from the original on December 29, 2013. Retrieved May 7, 2013.
  21. ↑ "147th General Assembly, House Bill #75". State of Delaware Official Website.
  22. ↑ § 1504. Jurisdiction; residence;procedure, accessed May 12, 2013
  23. ↑ TITLE 13 Domestic Relations CHAPTER 1. MARRIAGE
  24. ↑ "Karen Peterson, Delaware State Senator, Comes Out During Gay Marriage Debate". Huffington Post , May 7, 2013.
  25. ↑ "Delaware among leaders as nation changes course on gay marriage". Wilmington News Journal. July 1, 2013. Retrieved July 1, 2013.
  26. ↑ O'Malley, Shana (July 2, 2013). "Delaware grooms celebrate first same-sex wedding". WHYY. Retrieved July 2, 2013.
  27. ↑ Quinones, Todd (July 2, 2013). "Delaware Sees First Same-Sex Marriage Ceremony". CBS Philadelphia. Retrieved July 2, 2013.
  28. ↑ "Lawmakers to Decide if Homosexuality Is Grounds for Divorce in Delaware". NBC10 Philadelphia. May 10, 2016.
  29. ↑ "Delaware considers homosexuality as grounds for divorce". Marilyn Stowe Family Law. May 11, 2016.
  30. ↑ DE HB320 | 2015-2016 | 148th General Assembly
  31. ↑ Fisher, James (July 14, 2014). "Delaware's gay marriage boom may ebb". The News Journal.
  32. ↑ "PCT1405 Couple Households, By Type". United States Census Bureau. Retrieved December 11, 2023.
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