ISSUES  > Family and Marriage
 
Delaware  
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State Information

Government Website: http://www.legis.state.de.us/Legislature.nsf/?Opendatabase

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage 1996 - State Law Passed 
State Law Prohibits/Voids Same Sex/Same Gender Marriage yes 
State Law Defines Marriage between a Man and a Woman no 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States yes 
State Law States that Same Sex Marriage is not Aligned with State Public Policy no  
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife no 

Statutory Provision

Delaware Code Title 13, Chapter 1, Subchapter 1 § 101. Void and voidable marriages.

(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew, first cousin or between persons of the same gender.

Current Legislative Activity

  • On January 25, 2005, a constitutional amendment to defend traditional marriage was introduced but remains in the Senate judiciary committee (SB 15)

U.S. Senators
US Senators and their Comments on FMA

Joseph Biden, Democrat
http://biden.senate.gov/
This senator voted for the federal DOMA in 1996 but against the Marriage Protection Amendment in 2004 and 2006.

Thomas Carper, Democrat
http://carper.senate.gov/
This senator was elected in 2000, therefore he was not present for the federal DOMA in 1996. He voted against the Federal Marriage Amendment in 2004 and 2006.



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