Best Same Sex & LGBT Lawyers in Delaware

About Same Sex & LGBT Law in Delaware, United States

Same sex and LGBT law in Delaware covers legal protections, rights, and responsibilities relating to individuals who identify as lesbian, gay, bisexual, or transgender. Over the past decade, Delaware has made significant legislative progress to provide equal treatment and safeguard the rights of LGBT individuals. The state recognizes same sex marriage, has robust anti-discrimination laws, and provides legal remedies for those who face discrimination or harassment based on sexual orientation or gender identity.

Why You May Need a Lawyer

There are many scenarios where individuals in the LGBT community may require legal assistance. These can include marriage and adoption rights, employment discrimination, estate planning unique to same sex couples, parental rights, and name and gender marker changes. Additionally, navigating legal processes following family disputes, harassment, healthcare issues, or challenges to equal access to public services frequently benefit from expert advice. A qualified attorney ensures rights are protected and explains how Delaware’s laws apply to your situation.

Local Laws Overview

Delaware has several important legal protections for LGBT individuals.

- Marriage Equality: Same sex marriage has been legal in Delaware since 2013, granting same sex couples the same rights and responsibilities as opposite sex married couples.

- Anti-Discrimination Protections: Delaware’s laws prohibit discrimination on the basis of sexual orientation and gender identity in employment, housing, public accommodations, and more.

- Parental Rights & Adoption: Same sex couples have full adoption rights. All married couples are treated equally for purposes of parentage and parental responsibilities.

- Hate Crimes: Delaware law recognizes hate crimes based on sexual orientation or gender identity, which can lead to enhanced penalties.

- Gender Marker Changes: Delaware law allows individuals to change their gender marker on identification documents, given certain steps are followed.

While state laws are generally LGBT affirming, unique situations may arise where federal law, out-of-state matters, or exceptions may require legal clarification.

Frequently Asked Questions

Is same sex marriage recognized in Delaware?

Yes, Delaware recognizes same sex marriage. Same sex couples have the same legal rights, responsibilities, and benefits as heterosexual married couples in the state.

Does Delaware protect against workplace discrimination based on sexual orientation or gender identity?

Yes. Delaware law explicitly prohibits employment discrimination based on sexual orientation or gender identity in both public and private sectors.

Can same sex couples adopt children in Delaware?

Yes. Same sex couples can jointly adopt children, and adoption agencies cannot discriminate based on sexual orientation or gender identity.

Does Delaware allow for changes to gender markers on birth certificates or IDs?

Yes. Delaware allows transgender individuals to update gender markers on birth certificates and driver’s licenses, subject to certain documentation requirements.

What legal remedies exist for someone facing discrimination in Delaware?

Victims can file complaints with the Delaware Division of Human Relations or seek legal action for violations of anti-discrimination laws in employment, housing, or public services.

Are hate crimes based on sexual orientation or gender identity prosecuted differently in Delaware?

Yes. Delaware law provides enhanced penalties for crimes that target individuals based on sexual orientation or gender identity.

Do health care providers in Delaware have to treat LGBT patients fairly?

Yes. Discrimination by medical providers based on sexual orientation or gender identity is prohibited, and patients who experience such discrimination can seek recourse.

Are there specific protections for LGBT students in Delaware schools?

Yes. Delaware’s anti-bullying laws and non-discrimination statutes apply to schools, providing protections for LGBT students against harassment and unequal treatment.

Can a same sex partner make medical or financial decisions for their spouse or partner?

Married same sex couples have the same medical and legal decision-making rights as any other married couple. For unmarried couples, documents like powers of attorney are recommended.

What should LGBT individuals do if they feel their rights have been violated in Delaware?

It is advisable to consult with an experienced attorney and consider filing a complaint with the appropriate state agency or initiating legal proceedings, depending on the issue.

Additional Resources

If you are seeking information or support, there are several resources and organizations that may help:

• Delaware Division of Human Relations: Handles discrimination claims in employment, housing, and public accommodations
• Equality Delaware: A state advocacy group for LGBT rights
• ACLU of Delaware: Offers resources and legal assistance on LGBT-related civil rights
• Lambda Legal: National organization focused on LGBT legal defense
• Human Rights Campaign: Provides guides and support for LGBT issues in Delaware

Next Steps

If you believe your rights have been violated or you are facing a legal issue related to your sexual orientation or gender identity, start by documenting the facts and collecting any relevant evidence. Consider consulting with a lawyer who has experience in LGBT legal matters in Delaware. An attorney can provide guidance specific to your needs and represent your interests in any necessary proceedings. You can also reach out to the organizations listed above for additional support, referrals, or information. Acting promptly ensures the best chance of protecting your rights and securing a fair outcome.