Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...

has been legally recognized in

Delaware Delaware ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic and South Atlantic states, South Atlantic regions of the United States. It borders Maryland to its south and west, Pennsylvania to its north, New Jersey ...

since July 1, 2013. Governor

Jack Markell Jack Alan Markell (born November 26, 1960) is an American politician and diplomat. He had served the United States ambassador both to Italy and to San Marino. He had served as the United States ambassador to the Organisation for Economic Co-oper ...

signed legislation legalizing same-sex marriage on May 7, 2013, just hours after its passage in the

Delaware House of Representatives The Delaware State House of Representatives is the lower house of the Delaware General Assembly, the state legislature of the U.S. state of Delaware. It is composed of 41 Representatives from an equal number of constituencies, each of whom is ...

and

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

. Delaware was the eleventh

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...

, and the twelfth U.S. jurisdiction (after the

District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...

), to allow same-sex couples to marry, preceding

Minnesota Minnesota ( ) is a U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the so ...

and

Rhode Island Rhode Island ( ) is a state in the New England region of the Northeastern United States. It borders Connecticut to its west; Massachusetts to its north and east; and the Atlantic Ocean to its south via Rhode Island Sound and Block Is ...

by one month. Delaware previously extended recognition to same-sex relationships in the form of

civil unions A civil union (also known as a Civil partnership in the United Kingdom, civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for Same-sex relationship, same-sex couples. Civi ...

, 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 union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with ch ...

s to the

Delaware General Assembly The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 senators and the Delaware House of Representatives with 41 representatives. It meets at Legi ...

. It passed the Senate Administrative Services Committee on March 31, and the full

by a vote of 13–6 on April 7, 2011. It passed the

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...

in a 26–15 vote on April 14. Governor

signed the bill into law on May 11, 2011, and it took effect on January 1, 2012. At the signing, he said: Delaware civil unions provided the "rights, benefits, protections, and responsibilities" of

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

under a different name. 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. 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.

Same-sex marriage

In March 2012, Governor Jack Markell said he thought that the legalization of

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...

in Delaware was "inevitable" and would be passed "probably within the next few years". In September 2012, Representative Peter Schwartzkopf, who became House Speaker in January 2013, said he expected the

General Assembly A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company. Specific examples of general assembly include: Churches * General Assembly (presbyterian church), the highest court of presby ...

to vote on same-sex marriage in 2013 and that he would support it, but was uncertain of the legislation's prospects. 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". 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". The Delaware House Administration Committee advanced the bill to the full House on April 18. Governor Markell said he would sign it if it passed. It passed the House on April 23 on a 23–18 vote. The Senate Executive Committee approved the legislation on May 1, and it passed the Senate on May 7 on a 12–9 vote. Markell signed the bill outside the Assembly building within an hour of the vote. 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''. It also gave Delaware courts authority over

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...

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. The bill added the following section to the state's marriage

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

: State Senator Karen Peterson came out as

lesbian A lesbian is a homosexual woman or girl. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate nouns with female homosexu ...

during the debate on May 7, becoming the state's first-ever openly LGBTQ legislator. When the

took effect on July 1, Peterson and her partner were the first same-sex couple to legally convert their civil union into a marriage. 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 Joseph Robinette "Beau" Biden III (February 3, 1969 – May 30, 2015) was an American politician, lawyer, and officer in the Judge Advocate General's Corps, U.S. Army, Army Judge Advocate General's Corps from Wilmington, Delaware, Wilmingt ...

, 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.

Subsequent developments

A bill removing "

homosexuality Homosexuality is romantic attraction, sexual attraction, or Human sexual activity, sexual behavior between people of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexu ...

" 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. The bill passed the House on May 10 in a 36–4 vote, and the Senate on June 9 in a unanimous 21–0 vote. Governor Jack Markell signed the bill into law on June 28.

Demographics and marriage statistics

2,092

marriage license A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions ...

s 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. 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 New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...

and

Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...

. 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.

Civil unions

Same-sex marriage

Subsequent developments

Demographics and marriage statistics

Public opinion

See also

Notes

References