The Civil Union and Equality Act
Beginning in January 2012, Delaware state law recognizes civil unions between same-sex couples as legal relationships. Persons in civil unions have the same rights, benefits, protections, and responsibilities as married persons under Delaware law.
The Delaware General Assembly passed the Civil Union and Equality Act of 2011 during the first session of the 146th General Assembly. Governor Jack Markell signed the legislation on May 11, 2011. It is Chapter 2 of Title 13 of the Delaware Code.
About Civil Unions in Delaware
Under the Civil Union and Equality Act of 2011, a party to a civil union shall be included in any definition or use of the terms "dependent," "family," "husband and wife," "immediate family," "next of kin," "spouse," "stepparent," and other terms, whether or not gender-specific, that denote a spousal relationship or a person in a spousal relationship.
Under the Act, the term to legally join two persons of the same sex is "solemnization."
The Act applies to civil unions solemnized in Delaware after 10:00 a.m., January 1, 2012, and to substantially similar legal unions between two persons of the same sex entered into in jurisdictions outside of Delaware that meet the requirements needed to enter into a civil union in Delaware.
A Civil Union in Delaware requires a license from a Clerk of the Peace. There is a Clerk of the Peace office in each county: New Castle County , Kent County , Sussex County .
The following is a list of some of the jurisdictions in the United States for which legal civil unions or same-sex marriages will be recognized by Delaware:
California (domestic partnership as of 7/1/00 or same-sex marriage performed from 5/15/08 to 11/4/08)
Connecticut (civil union from 10/1/05 to 9/30/10; same-sex marriage after 10/1/10)
Coquille Indian Tribe, Oregon (same-sex marriage as of 5/20/09)
District of Columbia (domestic partnership as of 3/3/10)
Hawaii (civil union as of 1/1/12)
Illinois (civil union as of 6/1/11)
Iowa (same-sex marriage as of 4/3/09)
Massachusetts (same-sex marriage as of 5/17/04)
Nevada (domestic partnership as of 10/1/09)
New Hampshire (civil union as of 1/1/08; same-sex marriage as of 1/1/10)
New Jersey (civil union as of 2/19/07)
New York (same-sex marriage as of 7/24/11)
Oregon (domestic partnership as of 2/4/08)
Rhode Island (civil union as of 7/2/11)
Vermont (civil union 7/1/00 to 8/31/09; same-sex marriage from 9/1/09)
State of Washington (domestic partnership as of 2007, expanded in 2009)
Civil marriages performed in Canada will be recognized by the State of Delaware as well. However, the State has determined that domestic partnerships in Maryland, as they exist at the present time, do not create substantially similar rights and will not be recognized by the State of Delaware.
Legal unions in other jurisdictions (domestic or foreign) may also be recognized by the State of Delaware. A legal union validly formed in another jurisdiction between two individuals of the same sex will be recognized by the State of Delaware to the extent that the legal union is substantially similar to various requirements under Delaware Law ( see 13 Del. C. § 213 ). For states other than those listed above, this determination will be made on a case by case basis taking into consideration the eligibility requirements of 13 Del. C. § 202 and whether such a legal union affords to and imposes on the parties substantially similar rights, benefits, protections, responsibilities and duties as those afforded to and imposed on parties to a civil union entered into in Delaware.
Information For State Employees
Beginning January 1, 2012, the Civil Union and Equality Act of 2011 allows State of Delaware employees to add their civil union spouse and/or civil union spouse's children onto their State of Delaware Benefit Program. For more information about civil union benefits, go to www.ben.omb.delaware.gov/cu/ . If you have additional questions, call the Statewide Benefits Office at (302) 739-8331 or (800) 489-8933.