Delaware Moves to Protect Same-Sex Marriage in State Constitution

Delaware is taking significant steps to protect same-sex marriage rights by considering an amendment to its state Constitution. The proposed legislation, known as SB 100, aims to establish marriage equality as a fundamental right in the state, ensuring that marriage licenses are granted to couples regardless of gender. This critical bill is set to be reviewed by a committee on Wednesday.

Introduced in April 2025 by Democratic Senator Russ Huxtable of the sixth district, SB 100 marks the first stage of a constitutional amendment process. Its primary goal is to safeguard the right to marry, thereby ensuring that both Delaware and its local governments recognize same-sex marriages.

Community-Driven Legislation

Senator Huxtable emphasized that SB 100 emerged from the needs and concerns of his constituents. "This initiative comes directly from the community I represent, and addressing their concerns was my inspiration for this bill," he explained in a recent interview.

One of the strongest advocates for SB 100 is CAMP Rehoboth, a well-known LGBTQ community center and advocacy group located in Rehoboth Beach. This organization has actively supported the proposed amendment by sending letters of endorsement to members of the Senate Executive Committee.

"We strongly support this proactive measure because it ensures the protection of same-sex couples' rights in Delaware, even if federal protections might be weakened," reads the letter from CAMP Rehoboth. "Enacting this legislation now is crucial, especially considering the changing legal landscape and the risk of erosion of civil rights long recognized at the federal level."

Testimony and Advocacy

Leslie Ledogar, the President of CAMP Rehoboth's Board, is scheduled to testify at the upcoming committee hearing. Her testimony will highlight the personal significance of the bill to CAMP Rehoboth, which has spent nearly 35 years advocating for LGBTQ rights in Delaware.

In 2013, after same-sex marriage was legalized in the state, CAMP Rehoboth hosted one of the first same-sex marriages in Sussex County, attended by past Board President Chris Beagle and his husband. This history underscores the organization's deep-rooted commitment to marriage equality.

The organization's letter also emphasizes the potential threat posed by the possible reversal of the 2015 Supreme Court decision in Obergefell v. Hodges, which federally guaranteed marriage rights to same-sex couples.

"In our view, SB 100 is a proactive and protective measure that secures long-term stability for LGBTQ+ couples. While protection exists now, it may be temporary, and all our progress could be undone with just a stroke of a pen," Ledogar remarked.

Impact and Public Support

SB 100 promises several benefits for Delaware's LGBTQ community, including affirming equality and human dignity, preventing legal regression, and creating legal certainty while reflecting public support.

"This bill aligns the law with the values of most Delawareans, ensuring that our legal frameworks match current societal norms and standards," Ledogar stated.

A 2024 survey by the Public Religion Research Institution found that 61% of Delaware residents support same-sex marriage, indicating significant public approval.

Religious Concerns and Legislative Process

Opponents of the bill have raised religious objections. However, SB 100 explicitly allows for religious freedom, affirming that no religious organization or clergy member is required to solemnize a marriage against their beliefs.

The bill needs a two-thirds majority vote in both houses of the General Assembly to pass. Afterward, it must be passed again by the subsequent General Assembly, following the next general election. Notably, Delaware is unique in that it can amend its Constitution without a public vote.

Other states like California, Colorado, and Hawaii have enacted similar protections for marriage equality, serving as models for Delaware's legislative efforts. Senator Huxtable hopes that Delaware's initiative will inspire other states to take similar actions.

"Our goal is to show that Delaware’s General Assembly supports good policies that celebrate individual rights," Huxtable said. "We are guided by our values, not by fear."

Delaware's decision to protect same-sex marriage at the state level sends a strong message that equality and human rights are paramount, now and for future generations.

Constituents can register to attend the virtual hearing and participate in this historic legislative process.