Same-sex marriage protection takes next step toward Delaware Constitution

An amendment to enshrine the right to marry in the Delaware Constitution advanced March 11, clearing the House Administration Committee and moving closer to completing its first of two legislative hurdles.

Backed by state Sen. Russ Huxtable, the proposed amendment would recognize the right of individuals to marry as “a fundamental right.”

It adds that such rights may not be abridged or denied “on account of any basis protected” in Delaware’s most sacred legislative document, according to the bill pushing it forward. That includes race, sex, gender or national origin, to name a few. The amendment would also not “infringe upon the right to freedom of religion.”

Should this become law, all legally binding marriages under Delaware law “must be treated equally.” That also includes laws pertaining to married spouses or children of wedded spouses. 

In other legislative news: Delaware advances another bill related to property reassessment tools

Delaware already legalized same-sex marriage in 2013 – two years before the U.S. Supreme Court made its historical decision in the case Obergefell v. Hodges.

Huxtable has previously cited ongoing efforts “rolling back” protections related to marriage equality nationwide, and he felt state legislators must now “take the next step” to enshrine it.

The bill already cleared through the Senate last year. Next, it will make its way to the House floor. Just like in the Senate, it will need two-thirds majority support to pass. 

Then its legislative journey isn’t over yet.  

Because this is just the first leg, it will also require passage in the next, newly minted General Assembly to make it to the state constitution.

Olivia Montes covers state government and community impact for Delaware Online/The News Journal. If you have a tip or a story idea, reach out to her at omontes@delawareonline.com.