DELAWARE - A move to alter Delaware's Constitution to protect same-gender marriage was rejected by a Delaware House unwilling to actually vote against the amendment.
State Rep. Medinah Wilson-Anton (D-Bear) joined 13 Republicans in choosing not to vote on SB 100 (ss 2), the first leg of a constitutional amendment saying that there is a civil right to marriage due to the equal protection clauses of race, color, national origin, and sex.
The vote required 28 of the 41 members to vote yes, but it only received 25, with sponsor state Rep. Claire Snyder-Hall reversing her "yes" vote at the last minute in a technical move to keep the bill alive, making it a 24 yes-3 no-14 not voting result.
She said the amendment aimed to protect the Freedom of Religion.
"It does not tell any church, synagogue, or mosque what constitutes religious marriage."
State Rep. Kamela Smith (D-Red Lion) said she believes in the Bible's teaching, but that did not stop her from being a "yes" vote.
"I believe marriage is sacred, and that's something I don't take lightly, but at the same time, I also have a responsibility here as a lawmaker. That responsibility is to uphold the Constitution, and to make sure that we're protecting people under that law. I can hold on to my personal beliefs and still recognize that my job is to make sure the law works fairly for everyone."
Some who did not support the amendment did speak on the floor.
Wilson-Anton posed a question to Snyder-Hall about a constituent who immigrated from Morocco to Delaware after marrying his first cousin, which is not recognized in the First State, and whether this amendment would change that situation.
After Snyder-Hall voted no, Wilson-Anton did not vote on the measure.
State Rep. Michael Smith (R-Pike Creek) went a technical route towards a no vote, saying he was representing the Republican Caucus' view.
"This is just re-stating rights that have already been protected under Delaware law. It's important for constituents to know that, that it is Delaware law, so I'd like to thank the 2013 Delaware General Assembly for getting it right, and putting it into code."
That version of the State House had just one of 14 Republicans vote in support of the bill, Mike Ramone.
Smith was not elected to the State House until 2019.
Besides Snyder-Hall's reversal, the other Democratic no vote came from Democrat State Rep. Josue Ortega (D-Wilmington), who did not give a personal reason for his decision.
"I heard from many constituents who expressed strong opposition to this bill, and I believe their voices deserved to be reflected in my vote."
The final "no" vote came from Rep. Bryan Shupe (R-Milford), who did not speak before the vote.
Attorney General Kathy Jennings expressed disappointment in the bill's failure saying, "Failing to permanently enshrine those protections in our state's Constitution is an appalling abdication of the state government's duty to guarantee the rights of every Delawarean. It adds insult to injury that this vote was cast in the closing days of Pride Month."
SB 100 (2) returns to the State Senate, but only three legislative days remain in this year's session.
