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Delaware House Republicans

Proposed Constitutional Amendment on Marriage Defeated in House

June 27, 2026
Rep. Smith talking on the House floor regarding the marriage amendment vote with play button icon indicated there is a video.

On Tuesday night, the House of Representatives refused to approve the first leg of a proposed constitutional amendment on marriage.

Senate Substitute 2 for Senate Bill 100 seeks to add marriage as a fundamental right in the state constitution, “that may not be denied or abridged on the basis of gender or any other legally protected criteria (i.e., race, color, national origin, and sex).

State Rep. Mike Smith (R-Pike Creek Valley), in photo, spoke for the House Republican Caucus, stating prior to the vote that the amendment was unnecessary because Delaware had legalized same-sex unions 13 years ago.

Most of the caucus’s members went “not voting” on the proposal to emphasize that all Delawareans already have equal access to marriage, that this opportunity is well protected under the Delaware Code, and that the proposal appeared to be more motivated by the fall elections than any genuine concern about safeguarding something that is not under threat.

Constitutional amendments must win approval in two separate General Assemblies, securing a two-thirds supermajority in each chamber on both occasions to be enacted.
In the House, constitutional amendments must receive at least 28 “yes” votes for passage.

SS 2 for SB 100 failed by a vote of 24 yes, 3 no, and 14 not voting. The bill received no votes of approval from the 14-member House Republican Caucus.

The bill’s prime House sponsor, State Rep. Claire Snyder-Hall, changed her vote from “yes” to “no” before the final tally–a procedural move that will allow her to recall the bill for another vote prior to the end of the legislative session on June 30th.

Click here or on the image to see the complete debate (length 10:42).

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