Delaware General Assembly

Out of Committee 5/21/25

Reported from Committee; to list ready for consideration (Ready List)

SB 100

5/16/25

Huxtable

Sen. Lockman, Townsend
Rep. Snyder-Hall

Sen. Cruce, Hansen, Hoffner, Paradee, Pinkney, Poore, Seigfried, Sokola, Sturgeon
Reps. Burns, Bush, Gorman, Harris, Heffernan, Lambert, Phillips, Romer, Ross Levin

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO MARRY.

This Act is the first leg of an amendment to the Delaware Constitution establishing that the right to marry is a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender. The right to marry regardless of gender does not infringe upon the right to freedom of religion because religious organizations and members of the clergy have the right to refuse to solemnize a marriage. Senate Substitute No. 1 for Senate Bill No. 100 differs from Senate Bill No. 100 by connecting the right to marry with the equality of rights provided under Art. 1, § 21 of the Delaware Constitution on the basis of race, color, national origin, or sex. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

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A First Leg amendment must be approved by the next General Assembly to become part of the Constitution. A Second Leg amendment becomes part of the Constitution upon passage of both Chambers of the subsequent General Assembly.

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