- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- Ambiguous
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent surveys in Delaware have revealed a mixed response towards LGBTQ+ rights and issues.
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Censorship of LGBT issues in Delaware is no censorship.
Current status
No censorship
There are no laws censoring LGBT topics in Delaware.
Right to change legal gender in Delaware is legal, no restrictions.
Current status
Legal, no restrictions
Non binary options on all documents.
Gender-affirming care in Delaware is ambiguous.
Current status
Ambiguous
Delaware residents are able to get gender affirming care, however there is no laws or restrictions on gender affirming care for minors or adults. There have been attempts to pass bills protecting gender affirming care.
Legal recognition of non-binary gender in Delaware is not legally recognized.
Current status
Not legally recognized
The state of Delaware does not currently recognize non-binary genders, but has said in 2019 to be open to recognizing it.
LGBT discrimination in Delaware is illegal.
Current status
Since Jun 10, 2013
Illegal
People are protected from discrimination based upon both sexual orientation and gender identification.
LGBT employment discrimination in Delaware is sexual orientation and gender identity.
Current status
Since Jun 10, 2013
Sexual orientation and gender identity
LGBT housing discrimination in Delaware is sexual orientation and gender identity.
Current status
Since Jun 10, 2013
Sexual orientation and gender identity
This state explicitly bans housing discrimination based upon sexual orientation and gender identification.
Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in Delaware is legal.
Current status
Legal
Individuals may file for adoption regardless of sexual orientation, though married individuals must typically file jointly per 13 Del. C. §903. Second-parent adoption is legal per lower court case law.
Intersex infant surgery in Delaware is not banned.
Current status
Not banned
Delaware has not banned intersex surgeries for infants, there are no laws passed as of 2024 that restricts doctors preforming such care. Hospitals are able to proceed with the surgery if it endangers the life of the child. Intersex is also classed under Disorders of Sex Development (DSD) and may not be offered unless it's medically necessary like giving the child medical issues that need to be addressed, like endangering the child's life span.
Serving openly in military in Delaware is legal.
Current status
Since Jan 25, 2020
Legal
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
Lesbians, gays, bisexuals permitted, transgender people banned
Former President Trump said in a slew of tweets in 2017, that he would ban transgender people from serving in the military. He then talked with the Chiefs of Staff, making it full ban for transgender people. Policy stated, if transgender people were in the military already, they could serve under a gender dysphoria diagnoses.
Legal
Don't Ask, Don't Tell is officially repealed throughout the United States, and gays and lesbians may openly serve.
Blood donations by MSMs in Delaware is legal.
Current status
Since May 11, 2023
Legal
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral)
Blood donation centers follow the non-binding FDA three-month deferral guidance.
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Conversion therapy in Delaware is banned.
Current status
Since Jul 24, 2018
Banned
Delaware is the 15th state to ban conversion therapy.
Until Jul 24, 2018
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
United States Equality Rank
#299
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Delaware LGBT Organizations
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