On July 1, 2013, Delaware became the eleventh state (not including Washington D.C.) to legalize same sex (also known as gay) marriage. Governor Jack Markell signed the bill, known as the Civil Marriage Equality and Religious Freedom Act of 2013, into law just hours after its passage in the house and senate. However, Rhode Island enacted legislation before Delaware, the bill was not signed into law prior to Gov.


Markell's signature. Therefore, Rhode Island is the twelfth state to recognize same sex marriages.

The fight for full recognition of marriage in Delaware happened over several stages. Delaware had previously extended rights to gay and lesbian couples through civil unions, which were enacted January 1, 2012 by legislation approved and signed also by Gov. Markell the year prior. In 2012, approximately 565 civil union licenses were issued. However, as of July 1, 2013, civil unions are no longer offered to any couple and those with existing civil unions will have theirs converted into full marriage by July 1, 2014. 

A poll conducted in February 2013 by Global Strategy Group found that majority of Delaware voters support same sex marriage. The poll found that 54% of likely voters supported same-sex marriage, 37% were opposed, and 8% didn’t know or declined to answer the question. 

How To Get Married in Delaware

Couples wanting to take advantage of full marriage rights in Delaware should follow these steps:

1. Register. There are a few ways members of the public can obtain a marriage license. First, couples can apply in person at one of three locations. Couples can also submit a written request to the Office of Vital Statistics located in the Jesse S. Cooper Building in Dover. A third option is online through the VitalChek Network Delaware webpage. And finally, those who prefer voice, can call 1-877-888-0248, understanding that you may be directed toward one of the previous options.
2. Apply for a certificate. Delaware holds different paper forms for marriage and same-gender marriage certificates. Couples should be sure to chose the right form. Couples looking for a civil union certificate can apply here. To avoid confusion, Delaware also offers an online third party application on their VitalChek Network. To add a bit more administrative confusion, the Delaware Office of Vital Statistics does not accept credit cards through the internet or online orders for records, so those looking to pay by credit card must go through the VitalChek Network. The first copy will cost around $25 plus a $12.95 VitalChek service fee.

Recognition of Out-of-State Same Sex Marriages

Good news for gay and lesbian couples legally married outside of Delaware. The state will recognize marriages certified elsewhere, particularly in California, Colorado, Connecticut, District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin. However, this list is not exhaustive. To find out information on other states or countries that legally recognize gay marriage, contact the Statewide Benefits Office.

Quick Facts

• Did you know that the "official" word for same gender marriage in Delaware under law is "solemnization"?
• Same gender spouses and a spouse's children can be added to State of Delaware medical, dental, and vision benefits by contacting your Human Resources/Benefits Office within 30 days of getting married.
• Although Delaware law permits any unmarried adult or married couple to petition a court for adoption of a child, same gender couples in marriages have the same adoption rights as opposite gender couples.