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SS2FORSB100 • 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.

Children
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
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 that may not be denied or abridged on the basis of gender or any basis protected under Art.
  • 1, § 21 of the Delaware Constitution, which provides equal protection under the law on account of race, color, national origin, and sex.
  • Under this Act, all marriages that are legally valid under the laws of this State must be treated equally, including under all laws that are applicable to marriage, married spouses, or the children of married spouses.

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

    Restored in House

  2. 2026-06-30 Delaware General Assembly

    Roll Call Rescinded in House

  3. 2026-06-30 Delaware General Assembly

    Passed By House. Votes: 28 YES 12 NO 1 ABSENT

  4. 2026-06-23 Delaware General Assembly

    Defeated By House. Votes: 24 YES 3 NO 14 NOT VOTING

  5. 2026-03-11 Delaware General Assembly

    Reported Out of Committee (Administration) in House with 3 On Its Merits

  6. 2025-06-11 Delaware General Assembly

    Assigned to Administration Committee in House

  7. 2025-06-10 Delaware General Assembly

    Passed By Senate. Votes: 16 YES 5 NO

  8. 2025-06-05 Delaware General Assembly

    was introduced and adopted in lieu of SB 100

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 that may not be denied or abridged on the basis of gender or any basis protected under Art. 1, § 21 of the Delaware Constitution, which provides equal protection under the law on account of race, color, national origin, and sex.

Under this Act, all marriages that are legally valid under the laws of this State must be treated equally, including under all laws that are applicable to marriage, married spouses, or the children of married spouses. This Act also clarifies that the right to marry does not infringe upon the right to freedom of religion under Art. 1, § 1 of the Delaware Constitution.

Like Senate Substitute No. 1 for Senate Bill No. 100, Senate Substitute No. 2 for Senate Bill No. 100 differs from Senate Bill No. 100 by explicitly connecting the right to marry with the equality of rights provided under Art. 1, § 21 of the Delaware Constitution