It was just a matter of time. Legislation to permit same-sex civil unions and same-sex marriages has been a hot topic in many states since 2004, when Massachusetts legalized same-sex marriage.
Now it’s Delaware turn to debate the issue. On Tuesday, legislators introduced Senate Bill 30, which would allow same-sex couples to enter into civil unions. A bill to legalize same-sex marriage is in the drafting stage.
If Senate Bill 30 is passed, Delaware would become the seventh state to allow civil unions. Couples who opt for a civil union would have nearly all the same rights and privileges – and the same responsibilities – as married couples, but marriage will remain limited by law in Delaware to opposite-sex couples.
(For a complete look at what the bill allows and does not allow – click here)
Civil Union and Equality Act of 2011
Highlights from the March 22 introduction of Delaware Senate Bill 30 on the east steps of Legislative Hall in Dover
In considering such legislation Delaware is squarely in the middle of a nationwide trend that reflects shifting attitudes on the topic of same-sex relationships. Eighteen states and Washington, D.C., have some sort of domestic partnership, civil union, or civil marriage statute. Same-sex marriage is legal in five states—Massachusetts, Vermont, New Hampshire, Connecticut, Iowa—and the District of Columbia. A same-sex marriage bill died in the Maryland House of Delegates on March 12.
Issues involving gay rights have been a lightning rod in Delaware. In 1996, a Domestic Partnership Act was introduced and defeated. The legislation would have provided same sex couples with limited visitation right in prisons and health care facilities. After years of contentious debate, the General Assembly passed legislation in 2009 banning discrimination in housing and hiring based on sexual orientation. The hot debate singed the political careers of a number of the bill’s supporters.
Just two years later, same-sex legislation that many would have thought to be politically suicidal is now on the docket with bipartisan sponsorship. What changed?
Supporters point to strong shifts in public opinion that reflect new demographic trends.
“Polls nationwide have shown tremendous progress in public thinking on both marriage and civil union, primarily civil unions,” said attorney Lisa Goodman, president of Equality Delaware, a statewide organization that crafted the civil union bill.
A Washington Post/ABC News poll released last week showed that a majority of Americans, 53 percent, favored making gay marriage legal—up from 36 percent five years ago. The poll comes as Congress considers repealing the 1996 Defense of Marriage Act (DOMA), which defines marriage as a legal union between one man and one woman.
A poll commissioned by Equality Delaware found that twice as many Delawareans supported same-sex civil unions as those who opposed it. The poll of nearly 700 Delaware voters, conducted February 28 through March 6 by Lake Research Partners, found that nearly 62 percent favored civil unions, with 45 percent being “strongly in favor.” Equality Delaware itself lists a broad, bipartisan base of upstate and downstate supporters on its website.
The Equality Delaware poll is in line with results of a survey last month commissioned by Delaware Right to Marry, a two-year-old registered political action committee that is drafting the same-sex marriage bill. The Delaware Right to Marry poll indicated that 48 percent of 605 Delawareans surveyed favored “allowing gay and lesbian couples to enter into same-sex marriages,” according to the organization’s press release.
Rep. Melanie L. George (D-Bear), a co-sponsor with Sen. David Sokola (D-Newark) of Delaware’s new civil union bill, says she’s received more favorable than unfavorable comments from her constituents.
Clearly, not everyone is in favor of the legislation, and advocates expect opposition to emerge. The Delaware Right to Marry survey found 31 percent were “strongly opposed” to legalizing same-sex marriage. Similarly, Equality Delaware’s poll found that 31 percent were opposed to same-sex civil union in Delaware.
Lawmakers expect to hear both sides. “I’m willing to sit back and wait to hear from my constituents; that’s part of the process,” says House Minority Leader Greg Lavelle (R-Sharpley). “It’s a significant and often divisive issue. Part of my responsibility is to listen to the people.”
