- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✔ Legal
- 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
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- Unknown
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Public Opinion
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Same-sex marriage in Delaware is legal.
Civil unions (marriage rights)
Delaware legalized civil unions at the start of 2012
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, but requires medical diagnosis.
Current status
Since Feb 1, 2017
Legal, but requires medical diagnosis
Delaware does not require surgery for legal gender recognition but does require medical documentation.
Gender-affirming care in Delaware is legal.
Current status
Legal
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 lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since May 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Midday on May 6th, 2025, the Supreme Court issued an order allowing the Trump administration to enforce its ban on transgender service members while the court reviews their case.
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Legal under federal United States law
In 2021, former President Joe Biden removed then-former President Donald Trump’s ban on transgender people serving in the military.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Delaware is legal.
Current status
Since May 11, 2023
Legal under federal United States law
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) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
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
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Delaware LGBT Organizations
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