AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO MARRY.

Plain English Breakdown

The bill text does not specify how many times or when exactly it needs to pass again after the next election for constitutional amendment.

Proposing Changes to Marriage Rights in Delaware's Constitution

This bill proposes changing Article I of the Delaware Constitution to establish that marriage is a fundamental right and requires recognition and issuance of marriage licenses regardless of gender, while protecting religious freedom.

What This Bill Does

• Changes Article I of the Delaware Constitution to state that the right to marry is a fundamental right.
• Requires Delaware and its local governments to recognize marriages between any two people, no matter their genders.
• Allows Delaware and its local governments to issue marriage licenses to couples regardless of gender.

Who It Names or Affects

• People who want to get married in Delaware
• Local government offices that handle marriage licenses

Terms To Know

Fundamental right

A basic freedom protected by a state's constitution.

Political subdivisions

Local governments within a state, like cities or counties.

Limits and Unknowns

• The bill needs to pass again after the next election for it to become part of the Constitution.
• It requires more than half of all members in each house of the General Assembly to vote yes.

Official Summary Text

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO MARRY.
This Act is the first leg of an amendment to the Delaware Constitution establishing that the right to marry is a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender. The right to marry regardless of gender does not infringe upon the right to freedom of religion because religious organizations and members of the clergy have the right to refuse to solemnize a marriage.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Huxtable & Sen. Lockman & Sen. Townsend & Rep. Snyder-Hall

Sens. Cruce, Hansen, Hoffner, Paradee, Pinkney, Poore, Seigfried, Sokola, Sturgeon; Reps. Burns, Bush, Gorman, Harris, Heffernan, Lambert, Phillips, Romer, Ross Levin

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 100

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO MARRY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article I of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 23. Right to Marry.

The right to marry is a fundamental right.

(1)a. This State and its political subdivisions

shall recognize marriages by couples regardless of the gender of the married individuals.

b. This State and its political subdivisions shall issue marriage licenses to couples regardless of the gender of the 2 individuals.

(2) All legally valid marriages must be treated equally under the law.

(3) The right to marry regardless of gender does not modify or infringe upon the right to freedom of religion under § 1 of this Article. Religious organizations and members of the clergy have the right to refuse to solemnize a marriage under this section.

SYNOPSIS

This Act is the first leg of an amendment to the Delaware Constitution establishing that the right to marry is a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender. The right to marry regardless of gender does not infringe upon the right to freedom of religion because religious organizations and members of the clergy have the right to refuse to solemnize a marriage.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Author: Senator Huxtable