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Same-sex marriage in Delaware

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Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
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Same-sex marriage in Delaware was legalized on May 7, 2013, after legislation passed the lower and upper house and was signed into law.[1] The law will take effect on July 1st.[2] Delaware also recognizes same-sex couples in the form of civil unions that grant same-sex couples the "rights, benefits, protections, and responsibilities" of married persons.[3] Civil unions have been available in Delaware since January 1, 2012, following the enactment of legislation signed by Governor Jack Markell on May 11, 2011.[4]

Civil unions

In March 2011, state Sens. David P. Sokola and Melanie George introduced a bill to allow civil unions in Delaware.[5] It passed the Senate Administrative Services Committee on March 31,[6] the full Senate 13-6 on April 7, 2011,[7] and the House 26-15 on April 14.[8] Markell signed the bill into law on May 11, 2011, and it took effect on January 1, 2012.[4] At the signing, he said:[9]

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.

In 2012, Delaware issued approximately 565 civil union licenses, with 250 of those being in Sussex County, 235 in New Castle County, and 80 in Kent County.[10]

Same-sex marriage legislation

In March 2012, Governor 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".[11] In September 2012, Rep. 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.[12] On February 1, 2013, in anticipation of legislative activity, Francis Malooly, the Roman Catholic Bishop of Wilmington, authored a letter to parishioners that said marriage is a covenant between a man and a woman that must be "cherished and defended".[13]

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. W. Francis Malooly, Roman Catholic Bishop of Wilmington, 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".[14] The Delaware House Administration Committee advanced the bill to the full House on April 18.[15] Governor Markell said he would sign it if it passed.[16] It passed the House on April 23 on a 23–18 vote.[17] The Senate Executive Committee approved the legislation on May 1. It passed the Senate on May 7 on a 12-9 vote.[18] Markell signed the bill outside the legislature within an hour of the vote.[1][2]


Public opinion

In February 2011, a Public Policy Polling survey found that 48% of Delaware voters supported the legalization of same-sex marriage, while 47% were opposed and 5% percent were not sure.[19] A March 6, 2011, poll by Lake Research Partners showed that 62% in Delaware favor allowing same-sex couples to form civil unions, while 31% were opposed, and 7% were not sure.[20]

A February 2013 poll, conducted by Global Strategy Group, found that 54% of likely voters supported same-sex marriage, 37% were opposed, and 8% didn’t know or declined to answer the question.[21][22]

See also

References

  1. ^ a b Chase, Randall (7 May 2013). "Delaware to Become 11th State With Gay Marriage". ABC News. Retrieved 7 May 2013.
  2. ^ a b Byrne, Tom (May 7, 2013). "Delaware becomes 11th state to approve same-sex marriage". WDDE. Retrieved May 7, 2013.
  3. ^ Senate Bill 30, "An Act to Amend Title 13 of the Delaware Code Relating to Civil Unions, General Assembly of Delaware, accessed 4 December 2011.
  4. ^ a b Miller, Beth (May 12, 2011). "Governor signs Delaware civil unions bill". USA Today. Retrieved December 29, 2012.
  5. ^ Miller, Beth (March 23, 2011). "Delaware government: Civil unions bill filed in Dover". News Journal. Retrieved April 13, 2011.
  6. ^ Beth Miller (31 March 2011). "Delaware civil unions bill clears committee". The News Journal.
  7. ^ Chibbaro Jr., Lou (April 7, 2011). "Delaware Senate passes civil unions bill". Washington Blade.
  8. ^ Miller, Beth (April 14, 2011). "Delaware adopts civil unions bill". The News Journal.
  9. ^ Mucha, Peter (May 12, 2013). "Same-sex unions legalized in Delaware". Philadelphia Inquirer. Retrieved January 23, 2013.
  10. ^ http://delaware.newszap.com/centraldelaware/118809-70/number-of-civil-unions-exceeded-expectations
  11. ^ "Delaware governor says gay marriage is "inevitable" in his state". Reuters. March 2, 2012. Retrieved 16 December 2012.
  12. ^ Starkey, Jonathan (September 26, 2012). "Schwartzkopf: gay marriage a "no-brainer"". DelawareOnline. Retrieved December 16, 2012.
  13. ^ "Head of Catholic diocese in Delaware takes aim at gay marriage in pastoral letter". Washington Post. February 1, 2013. Retrieved February 4, 2013.
  14. ^ "Marriage is not for government to 'define or redefine,' says bishop". The Catholic Sun. April 17, 2013. Retrieved May 7, 2013.
  15. ^ "Bill authorizing same-sex marriage in Delaware clears committee, headed to House floor". Washington Post. April 17, 2013. Retrieved April 23, 2013.
  16. ^ "Gov. Markell tells activists he would sign marriage equality bill". Delaware Online. April 9, 2013. Retrieved April 23, 2012.
  17. ^ Dawson, James (April 23, 2013). "Same-sex marriage bill clears state House". WDDE. Retrieved April 23, 2013.
  18. ^ Ford, Zack (May 7, 2013). "BREAKING: Delaware To Become 11th State With Marriage Equality". Think Progress. Retrieved May 7, 2013.
  19. ^ "Plurality of Delaware Supports Marriage Equality". Delaware Liberal. February 9, 2011. Retrieved April 13, 2011.
  20. ^ "Delaware same-sex partnership support" (PDF). Delaware same-sex partnership.
  21. ^ New Poll: 54% of Delaware Voters Support Marriage Equality
  22. ^ Poll: At least half of Delaware's voters would support same-sex marriage
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