Delaware 2025-2026 Regular Session

Delaware Senate Bill SB100 Latest Draft

Bill / Draft Version

                            SPONSOR:      Sen. Huxtable & Sen. Lockman & Sen. Townsend & Rep. Snyder-Hall       Sens. Cruce, Hansen, Hoffner, Paradee, Pinkney, Poore, Seigfried, Sokola, Sturgeon; Reps. Burns, Bush, Gorman, Harris, Heffernan, Lambert, Phillips, Romer, Ross Levin           DELAWARE STATE SENATE   153rd GENERAL ASSEMBLY       SENATE BILL NO. 100       AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO MARRY.      

     

     SPONSOR:      Sen. Huxtable & Sen. Lockman & Sen. Townsend & Rep. Snyder-Hall       Sens. Cruce, Hansen, Hoffner, Paradee, Pinkney, Poore, Seigfried, Sokola, Sturgeon; Reps. Burns, Bush, Gorman, Harris, Heffernan, Lambert, Phillips, Romer, Ross Levin     

SPONSOR: Sen. Huxtable & Sen. Lockman & Sen. Townsend & Rep. Snyder-Hall
Sens. Cruce, Hansen, Hoffner, Paradee, Pinkney, Poore, Seigfried, Sokola, Sturgeon; Reps. Burns, Bush, Gorman, Harris, Heffernan, Lambert, Phillips, Romer, Ross Levin

 SPONSOR:  

 Sen. Huxtable & Sen. Lockman & Sen. Townsend & Rep. Snyder-Hall 

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

   

 DELAWARE STATE SENATE 

 153rd GENERAL ASSEMBLY 

   

 SENATE BILL NO. 100 

   

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

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):    Section 1. Amend Article I of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:     23. Right to Marry.    The right to marry is a fundamental right.    (1)a. This State and its political subdivisions   shall recognize marriages by couples regardless of the gender of the married individuals.   b. This State and its political subdivisions shall issue marriage licenses to couples regardless of the gender of the 2 individuals.    (2) All legally valid marriages must be treated equally under the law.   (3) The right to marry regardless of gender does not modify or infringe upon the right to freedom of religion under 1 of this Article. Religious organizations and members of the clergy have the right to refuse to solemnize a marriage under this section.        

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein): 

  Section 1. Amend Article I of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows: 

   23. Right to Marry. 

  The right to marry is a fundamental right. 

  (1)a. This State and its political subdivisions   shall recognize marriages by couples regardless of the gender of the married individuals. 

 b. This State and its political subdivisions shall issue marriage licenses to couples regardless of the gender of the 2 individuals. 

  (2) All legally valid marriages must be treated equally under the law. 

 (3) The right to marry regardless of gender does not modify or infringe upon the right to freedom of religion under 1 of this Article. Religious organizations and members of the clergy have the right to refuse to solemnize a marriage under this section.   

   

  SYNOPSIS   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.       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.   Author: Senator Huxtable  

 SYNOPSIS 

 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.  

  

 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. 

 Author: Senator Huxtable