Delaware 2025-2026 Regular Session

Delaware Senate Bill SB100

Introduced
4/3/25  
Introduced
5/16/25  
Introduced
6/5/25  
Refer
4/3/25  
Refer
5/16/25  
Engrossed
6/10/25  

Caption

An Act Proposing An Amendment To Article I Of The Delaware Constitution Relating To The Right To Marry.

Impact

The proposed amendment has the potential to reshape the legal landscape surrounding marriage in Delaware by fortifying the rights of individuals to marry without discrimination. By explicitly stating that all valid marriages are to be treated equally under state law, SB100 seeks to ensure that no legal prejudices regarding marriage exist within Delaware's statutes. It emphasizes the notion of safeguarding individual liberties while aligning state laws with the evolving societal norms concerning marriage equality.

Summary

Senate Bill No. 100 proposes a significant amendment to Article I of the Delaware Constitution, establishing that the right to marry is a fundamental right that cannot be denied based on gender or any basis protected under the state constitution. The bill underscores the principle that all marriages legally recognized in Delaware must receive equal treatment under all applicable laws concerning marriage, spouses, and their children. This amendment aims to reinforce equality within the context of marriage by addressing and removing gender-specific language, thereby promoting inclusivity and compliance with contemporary social standards.

Sentiment

The sentiment surrounding SB100 appears to be generally supportive among its sponsors and advocates of marriage equality, who view the amendment as a necessary step toward ensuring equal rights for all individuals. However, there may be resistance from traditionalist factions who feel that such changes could undermine religious freedoms or long-standing societal norms. Overall, the discourse indicates a progressive shift towards affirming the inherent rights of individuals to marry regardless of gender.

Contention

Despite the bill's supportive framework, there are points of contention particularly related to its implications on religious freedoms. The language clarifies that the right to marry does not infringe upon religious rights, but critics still raise concerns about how this might translate into practice. Additionally, the two-thirds majority requirement for constitutional amendments poses a challenge that could complicate its passage in the future, particularly if partisan divisions influence legislative votes.

Companion Bills

No companion bills found.

Previously Filed As

DE SB3

An Act Proposing An Amendment To Article V Of The Delaware Constitution Relating To Voting.

DE SB180

An Act Proposing An Amendment To Article V Of The Delaware Constitution Relating To Voting.

DE HB220

An Act Proposing An Amendment To Article I Of The Delaware Constitution Relating To Protecting Delawares Natural Resources.

DE HB281

An Act To Amend Title 29 Of The Delaware Code Relating To State Health Care Insurance.

DE SCR140

Honoring The History Of World War Iis Tuskegee Airmen And The Delawareans Who Served Therein.

DE HB282

An Act To Amend Title 29 Of The Delaware Code Relating To The State Employee Benefits Committee.

DE HCR21

Recognizing March 24, 2023 As Women And Girls In Stem Day In The State Of Delaware.

DE HCR56

Acknowledging June 2023 As Lgbtq+ Pride Month In Delaware.

DE SB165

An Act To Amend Title 24 Of The Delaware Code Relating To Pharmacy.

DE SCR144

Recognizing April 2024 As "child Abuse Prevention Month" In The State Of Delaware.

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