Delaware Domestic Partner Benefits laws & HR compliance analysis

Delaware Domestic Partner Benefits: What you need to know

Same-sex marriages in Delaware became lawful after the Delaware Domestic Relations Act was amended to give same-sex couples the right to marry (DE Code Tit. 13 Sec. 101 et seq.). Under the law, the same rights, benefits, protections, and legal responsibilities apply to married same-sex couples and opposite-sex couples. All state laws applicable to marriage, spouses, or children of married spouses apply equally to same-sex and opposite-sex married couples and their children.
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Conversion of existing civil unions. A civil union that had not been converted to a marriage by the couple before July 1, 2014, was automatically converted to a marriage by operation of law. Civil union licenses are no longer available.
The U.S. Supreme Court subsequently issued a decision legalizing same-sex marriage in all states and requiring all states to recognize same-sex marriages legally performed in other jurisdictions (Obergefell v. Hodges, 135 S.Ct. 2584 (2015)).
The Delaware Discrimination in Employment Act prohibits employers from discriminating against applicants or employees on the basis of sexual orientation or marital status (DE Code Tit. 19 Sec. 710 et seq.). The law covers employers with four or more employees, including employment agencies and labor unions.
Health insurance. Self-funded health insurance plans governed by the Employee Retirement Income Security Act (ERISA) are subject to the restrictions of federal law. The U.S. Supreme Court struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defined marriage as only between a man and a woman (United States v. Windsor, 133 S.Ct. 2675 (2013)). The ruling requires equal treatment under ...

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Delaware Domestic Partner Benefits Resources

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