Delaware

Working Toward Innovative Equality

2020
State Equality Index

Active Laws & Policies

Key:

LGBTQ-friendly statewide law or policy present LGBTQ-friendly statewide law or policy not present Anti-LGBTQ statewide law or policy present No statewide law or policy present Not applicable
No LGBTQ-friendly statewide law or policy present for both sexual orientation and gender identity Statewide law or policy present for both sexual orientation and gender identity
Statewide law or policy present for sexual orientation only Statewide law or policy present for gender identity only

Bostock Implementation in Non-Discrimination Laws and Policies **

** On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia that sexual orientation and gender identity discrimination are prohibited under federal sex-based employment protections. Nevertheless, it is imperative that states continue enacting explicitly LGBTQ-inclusive comprehensive non-discrimination laws since it will likely take additional litigation for Bostock to be fully applied to all sex-based protections under existing federal civil rights law. Moreover, federal law currently lacks sex-based protections in numerous key areas of life, including public spaces and services. Lastly, there are many invaluable benefits to localizing inclusive protections even when they exist on higher levels of government. For these reasons, the SEI will continue to only award credit for state non-discrimination laws that expressly include sexual orientation and gender identity. Credit may be awarded if a state has definitively applied Bostock’s reasoning to include LGBTQ people under sex non-discrimination protections.

Pro-Equality Laws

  • Policy exists: Second Parent Adoption
  • Policy exists: Surrogacy Laws
  • Foster Care Non-Discrimination
  • Policy exists: Parental Presumption for Same-Sex Couples
  • Foster Parent Training Required
  • Consent to Inseminate
  • Policy exists: De Facto Parent Recognition

Anti-Equality Laws

  • Prohibition of Surrogacy
  • Laws Permitting Discrimination in Adoption/Foster Placement

Hate Crimes & Criminal Justice Laws

Pro-Equality Laws

  • Policy exists for both sexual orientation and gender identity: Enumerated Hate Crime Laws
  • Policy does not exist: Mandatory Reporting of Hate Crime Statistics
  • Elimination of Bias Rage or Panic Defense for Criminal Acts
  • Policy does not exist: Prohibiting Profiling Based on Actual or Perceived LGBTQ Status by Law Enforcement

Anti-Equality Laws

  • Sodomy Laws
  • HIV/AIDS Criminalization Laws

Non-Discrimination Laws

Pro-Equality Laws

  • Policy exists for both sexual orientation and gender identity: Employment
  • Policy exists for both sexual orientation and gender identity: Housing
  • Policy exists for both sexual orientation and gender identity: Public Accomodations
  • Policy does not exist: Education
  • Policy exists for both sexual orientation and gender identity: Adoption
  • Policy exists for both sexual orientation and gender identity: Foster Care
  • Policy exists for both sexual orientation and gender identity: Insurance
  • Policy does not exist: Credit
  • Policy does not exist: Jury Selection
  • Policy exists for both sexual orientation and gender identity: Colleges & Universities
  • Policy exists for both sexual orientation and gender identity: Non-Discrimination Policy for State Employees

Anti-Equality Laws

  • Restrictions on Municipal Protections
  • Policy exists for both sexual orientation and gender identity: Religious Exemptions in State Non-Discrimination Laws

Religious Refusal & Relationship Recognition

Anti-Equality Laws

  • State Religious Freedom Restoration Act
  • Religious Exemptions for Professional Training/Practice
  • First Amendment Defense Act

Youth Laws

Pro-Equality Laws

  • Policy exists: Anti-Bullying Laws - Enumerated Categories in Law
  • Policy exists: Anti-Bullying Laws - Enumerated Model Policy
  • Anti-Bullying Laws - Alternative Discipline
  • Policy exists: Anti-Bullying Laws - Cyberbullying
  • Policy exists: School Suicide Prevention Policies Required
  • Policy exists: Protection from Conversion Therapy
  • Laws to Address LGBTQ Youth Homelessness
  • LGBTQ Inclusive Sex Education Laws
  • LGBTQ Inclusive Juvenile Justice Policies

Anti-Equality Laws

  • Transgender Exclusions in Sports
  • Inequality in Age of Consent for Same-Sex Couples
  • School Laws that Criminalize Youth
  • Anti-Bullying Laws that Prohibit Enumeration
  • Laws that Restrict Inclusion of LGBTQ Topics in Schools

Health & Safety Laws

Pro-Equality Laws

  • Policy exists for both sexual orientation and gender identity: LGBTQ Non-Discrimination Protections in ACA Exchanges
  • Policy exists: Ban on Insurance Exclusions for Trans Healthcare
  • Policy exists: Transgender Healthcare Inclusion in State Medicaid
  • Policy exists: Trans Inclusive Health Benefits for State Employees
  • Policy exists: Name and Gender Marker Updates on Driver's Licenses
  • Policy exists: Name and Gender Marker Updates on Birth Certificates
  • Policy exists for both sexual orientation and gender identity: Health Data Collection - BRFSS
  • Policy exists for both sexual orientation and gender identity: Health Data Collection - YRBSS
  • All-Gender Single Occupancy Facilities

Anti-Equality Laws

  • Laws Prohibiting Transgender People from Receiving Appropriate ID
  • Transgender Exclusions in State Medicaid Coverage

Related Resources

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