DOVER, Del. -The Delaware State Senate has passed the first leg of a proposed constitutional amendment that, according to bill sponsors, would protect marriage equality under state law.
The proposal, known as Senate Bill 100 (S), is sponsored by Sen. Russ Huxtable and Rep. Claire Snyder-Hall. According to the lawmakers, the bill aims to define marriage as a fundamental right that cannot be denied or limited based on gender or any classification already protected under the Delaware Constitution. These protected categories include race, color, national origin and sex, as stated in the bill.
Supporters of the bill say the amendment would ensure that all marriages legally recognized under Delaware law are treated equally. According to Huxtable and Snyder-Hall, that would apply to all state laws involving marriage, spouses, and children of spouses.
Marriage equality has been legal in Delaware since 2013, however, as stated by the sponsors, it has not yet been added to the state’s constitution. Huxtable and Snyder-Hall also noted that only Nevada, California and Michigan have included marriage equality in their constitutions.
According to the Delaware General Assembly’s process, constitutional amendments must be approved by a two-thirds vote in two consecutive sessions. As noted by the sponsors, the governor’s signature is not required for constitutional amendments.
The bill now heads to the House of Representatives for consideration.