Marriage Equality Amendment Fails in Delaware House
DELAWARE – The Delaware House of Representatives failed to pass a state constitutional amendment that would have recognized the marriage of couples, regardless of gender.
If passed, Substitute 2 for Senate Bill (SB) 100 would have added a new section to Article I of the Delaware Constitution that established the right to marry is a fundamental right, requiring the state and its political subdivisions to recognize and issue marriage licenses to couples regardless of gender. Because this measure would have amended the Delaware Constitution, it required the affirmative vote of two-thirds of the members elected to each house of the General Assembly.
Additionally, due to the nature of the amendment, it would have had to pass a second time in the same form in the next elected General Assembly.
Despite the measure previously passing in the Delaware Senate on Jun. 10, it failed to pass in the House on Wednesday, receiving only 24 out of the needed 27 votes. Three lawmakers voted against SB 100, including Representative Bryan Shupe (R-Milford) and Representative Josue Ortega (D-Wilmington), while 14 lawmakers abstained. The bill’s failure in the House will return the proposed legislation to the Senate, where it can be reintroduced in the next legislative session.
Multiple officials spoke out about the vote in the hours following. Representative Madinah Wilson-Anton (D-Newark) took to social media to explain why she chose not to vote on the measure, arguing that the legislation was a reiteration of enshrining gay marriage, which has been legal in Delaware since 2013. Further she found SB 100 did not sufficiently protect the right to all types of marriage, specifically between cousins.
“I was approached by a constituent who was trying to reunite his family and was told by US immigration officials to move to a state that recognizes marriages between first cousins. I introduced a bill… to ensure that marriages like his, which are common in many parts of the world, would be recognized as legal marriages,” Rep. Wilson-Anton said. “I believe marriages between consenting adults should be recognized by this state, even if it’s culturally or religiously different from one’s own preferences… I hope that the state legislature will close loopholes that still allow for discrimination like this to continue in addition to enshrining existing rights into the constitution.”
Yet, Rep. Wilson-Anton said she would be voting for the measure if it is reintroduced in the future, maintaining her voting record supports the LGBTQ+ community. Attorney General Kathy Jennings also spoke out about the vote, calling it an “appalling abdication of the state government’s duty to guarantee the rights of every Delawarean.”
“This constitutional amendment can yet be revived and brought up for a new vote, and I join Delawareans across the state in urging members to reconsider their votes,” AG Jennings said in a message posted to social media. “We can and must guarantee, now, while we can, that this right is enshrined in the Constitution in perpetuity.”
