The State House has passed the first leg of an amendment to the Delaware Constitution that protects marriage equality in the First State. Senate Substitute 2 for Senate Bill 100 would establish that the right to marry is a fundamental right that may not be denied or abridged on the basis of gender or any basis protected under the Delaware Constitution – including race, color, national origin and sex.
The measure, which needs a 2/3 vote, was passed in the State Senate on June 10, but failed in the State House a week ago. The bill was reintroduced by Representative Claire Snyder-Hall of Rehoboth Beach on Tuesday and passed with a 28 to 12 vote with one absent.Â
In order for SB 100 to take effect, it must be passed by two consecutive General Assemblies. If passed by the 154th General Assembly, any measure to repeal it would also have to be passed by two consecutive General Assemblies.
Additional information from the House Majority Caucus:
Senate Substitute 2 for Senate Bill 100 is sponsored by Senator Russ Huxtable and Representative Claire Snyder-Hall. Â
“The people spoke, and my colleagues listened,” said Rep. Claire Snyder-Hall, House Prime Sponsor of SB 100.Â
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“Just one week ago, we failed to pass this legislation. We failed the people of Delaware. But today, on the final day of legislative session, the 153rd General Assembly affirmed that every Delawarean has the fundamental right to marry the person they love, regardless of race or gender. Thank you to my colleagues for recognizing that the right to marry is a right worthy of protection and for voting yes on this important constitutional amendment.”Â
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In 2013, Delaware repealed the prohibition on same-gender marriage that was enacted in the state in 1996, and made it legal in Delaware Code for two individuals of the same gender to marry.Â
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Two years later, in the case of Obergefell v. Hodges (2015), the Supreme Court held that states must allow and recognize same-sex marriages under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. This legalized same-sex marriage across the United States, regardless of whether or not it was legalized on a state-level.Â
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But when Roe v. Wade was overturned in 2022, Justice Clarence Thomas wrote that the Supreme Court should revisit all cases built on similar legal footing, including Obergefell v. Hodges. In 2025, the Supreme Court declined to take up a case challenging their 2015 ruling. Still, between 2025 and 2026, 9 states including Michigan, Idaho, Montana, North Dakota, South Dakota, Missouri, Oklahoma, Tennessee and Texas, have brought forth legislation urging the Supreme Court to overturn Obergefell.Â
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While the federal 2022 Respect for Marriage Act requires that any marriage between two individuals that is valid under state law must be federally recognized as legitimate, if Obergefell were to be overturned, individual states could refuse to recognize same-sex marriages and ban them entirely.Â
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“By enshrining the right to marry into Delaware’s Constitution, we send a clear message that Delaware will protect the humanity of our citizens and affirm marriage equality regardless of sexuality, race, or gender,” said Senator Russ Huxtable, Prime Sponsor of SB 100.Â
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“We’ve seen marriage equality protections backslide throughout our country, and it’s incumbent upon us lawmakers to ensure that does not happen in the First State. I look forward to this legislation’s passage by the 154th General Assembly so that these protections are officially enshrined in our State Constitution.”
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Enshrining the right to marry in the Delaware Constitution adds an extra layer of security against any potential legislation brought forth to ban same-sex marriage in the state.
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Governor Matt Meyer has issued the following statement after the Delaware General Assembly approved the first leg of a constitutional amendment to establish the right to marry as a fundamental right under the Delaware Constitution:
“Our state has traditionally been a leader on LGBTQ+ issues, but leadership is not a permanent condition, and we as a state reaffirmed that today. I commend our legislature for passing the first leg of an amendment to enshrine the right to marry in our state’s constitution. To every LGBTQ+ Delawarean who is wondering whether their government has their back, let me be clear: we do. Your rights are worth fighting for, your dignity is worth fighting for – love is worth fighting for. As your Governor, I will continue fighting to ensure Delaware remains a place where everyone can be themselves, love anyone, and openly live their lives.”
