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SB100 • 2025

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

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

Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Last action
2026-06-30
Official status
SS 2 for SB 100 - Passed By House. Votes: 28 YES 12 NO 1 ABSENT
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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

What This Bill Does

  • 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.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-06-30 Delaware General Assembly

    SS 2 for SB 100 - Passed By House. Votes: 28 YES 12 NO 1 ABSENT

  2. 2026-06-23 Delaware General Assembly

    SS 2 for SB 100 - Defeated By House. Votes: 24 YES 3 NO 14 NOT VOTING

  3. 2026-03-11 Delaware General Assembly

    SS 2 for SB 100 - Reported Out of Committee (Administration) in House with 3 On Its Merits

  4. 2025-06-11 Delaware General Assembly

    SS 2 for SB 100 - Assigned to Administration Committee in House

  5. 2025-06-10 Delaware General Assembly

    SS 2 for SB 100 - Passed By Senate. Votes: 16 YES 5 NO

  6. 2025-06-05 Delaware General Assembly

    Substituted in Senate by SS 2 for SB 100

  7. 2025-05-21 Delaware General Assembly

    SS 1 for SB 100 - Reported Out of Committee (Executive) in Senate with 3 Favorable, 1 On Its Merits

  8. 2025-05-16 Delaware General Assembly

    Substituted in Senate by SS 1 for SB 100

  9. 2025-04-03 Delaware General Assembly

    Introduced and Assigned to Executive Committee in Senate

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.