On Tuesday night, the House of Representatives approved 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).
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.
One week earlier, SS 2 for SB 100 had failed by a vote of 24 yes, 3 no, and 14 not voting.
At the time, the bill’s prime House sponsor, State Rep. Claire Snyder-Hall (D-Rehoboth Beach), changed her vote from “yes” to “no” before the final tally–a procedural move that allowed her to recall the bill for another vote on Tuesday.
On this occasion, several representatives who had voted “no” or “not voting” during the first tally chose to flip their votes and approve the measure, giving it the minimum needed for passage.
Opponents did not challenge the established concept of same-sex unions, but rather contended that there was no compelling need for an amendment at this time.
Marriage equality is already well-protected under Delaware law, with the state having legalized the practice 13 years ago. More importantly, the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges held that the right to same-sex marriage is protected under two clauses of the 14th Amendment to the U.S. Constitution. There is no case pending consideration by the High Court that poses any threat to this right.
To be added to the Delaware State Constitution, the proposed amendment will need to complete its second leg, winning approval in the upcoming 154th General Assembly.
