The bill that would amend Delaware’s state constitution to codify same-sex marriage advanced out of the Senate Executive Committee on Wednesday and now goes to the Senate chamber for a vote. If passed, the vote would go on to the House. 

Three members of the committee voted favorable and one voted on its merits, meaning the member recommends the chamber take action on the legislation but does not take a position on what action should be taken. 

Senate Bill 100 was introduced in April by Democratic Sen. Russ Huxtable of the sixth district of Delaware and has 21 co-sponsors. It is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”

Senate Substitute One was adopted in lieu of the original bill on May 16. SB 100 originally focused exclusively on marriage equality relating to gender and the bill was tweaked to include protection for all classes that fall under Delaware’s Equal Rights Amendment, including race, color, national origin, and sex. 

The Wednesday committee meeting heard testimony on SS 1 for SB 100 from individuals and organizations, including John Reynolds, Deputy Policy and Advocacy Director of Delaware’s chapter of the American Civil Liberties Union. 

“After hard fought recent victories, the rights of LGBTQ Americans are under attack in many places across our country,” Reynolds said during his testimony. “It is important that Delaware be proactive and serve as a firewall protecting individual civil liberties. SS 1 for SB 100 is an example of this important work cementing the protections for marriage equality in our state constitution.”

According to Sen. Huxtable, the ACLU helped provide feedback on some of the bill’s language. Reynolds said the ACLU thought it was important to testify because this is a moment when so much is changing.

“These attacks are not just on specific communities, they’re on this concept of equality and liberty,” Reynolds told the Washington Blade. “We need to build these firewalls to both prevent harm to folks on the frontline of these attacks but also ensure that we don’t set very problematic and damaging standards that can be used to roll back protections for large [swaths] of our population.”

SS 1 for SB 100 requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state constitution without a vote of the people. 

The Respect for Marriage Act was passed by the United States Congress in 2022 and signed into law by then-President Joe Biden. It codifies the right to same-sex and interracial marriage, requiring all states to recognize validly performed marriages from other states, regardless of whether they allow same-sex marriage within their own borders. 

In Virginia, a bill codifying marriage equality was signed into law in 2024. California, Colorado and Hawaii have also passed amendments to codify same-sex marriage into their constitutions. 

“We at the ACLU of Delaware are very excited that SS 1 for SB 100 passed out of committee yesterday,” Reynolds said. “It represents both Sen. Huxtable and the Delaware Legislature’s clear commitment to proactively protecting people’s rights within the LGBT community and outside to ensure that in this moment of uncertainty, we don’t sit idly by and wait for the worst to happen but take control of the things that we can to build the communities that we want.”

Delaware is considering amending its state Constitution to codify same-sex marriage. The bill, SB 100, will be heard in committee on Wednesday. 

SB 100 was introduced in April 2025 by Democratic Sen. Russ Huxtable of the sixth district of Delaware and is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”

“[SB 100] really came from the community that I represent and so that was the inspiration behind it, addressing concerns that my constituents have,” Huxtable told the Washington Blade. 

CAMP Rehoboth, an LGBTQ community center and advocacy organization based in Rehoboth Beach, sent a letter to members of the Senate Executive Committee in support of SB 100. 

“We applaud this proactive approach because it ensures that even if federal protections are weakened, same-sex couples in Delaware will retain their rights under Delaware law,” the letter reads. “We believe that doing so NOW is crucial for several reasons, particularly in the context of evolving legal landscapes and the erosion of civil rights long recognized in Federal law.”

CAMP Rehoboth Board President Leslie Ledogar is scheduled to testify at the Wednesday hearing on behalf of CAMP Rehoboth. She hopes to convey how personal this bill is for the organization. 

Ledogar said CAMP Rehoboth has an almost 35-year history of advocating on behalf of LGBTQ people in the state of Delaware. Past Board President Chris Beagle and his husband were among the first couples to be married in Sussex County after same-sex marriage was legalized in the state in 2013, with CAMP Rehoboth hosting the ceremony. 

The letter cited concerns with the possibility of Obergefell v. Hodges being overturned in the future, the landmark 2015 Supreme Court case that guaranteed the right to marry for same-sex couples. 

“We really feel that this is a proactive and protective measure that ensures long-term security for LGBTQ+ couples,” Ledogar said. “While we do have that [protection] now, it could be just that temporary and just that fleeting, and everything we’ve worked for and built could fall apart, not by our own initiative but because of the stroke of a pen.”

The letter details the positive impact that the bill would have on Delaware’s LGBTQ community, such as affirming equality and human dignity, preventing legal backsliding and creating legal certainty and reflecting public support. 

“[SB 100] would align the law with the values of a majority of Delawareans, ensuring that legal frameworks reflect contemporary societal norms and standards,” Ledogar said. 

In 2024, the Public Religion Research Institution found that 61% of Delawareans favor allowing same-sex couples to marry. 

Some critics of the bill cite religious concerns, though SB 100 explicitly protects clergy refusal, saying that “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.” 

The bill requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state Constitution without a vote of the people. Constituents can register to watch the hearing virtually here.

Other states such as California, Colorado, and Hawaii have introduced and passed similar bills to protect the right of all people of all genders to marry under state law. 

Huxtable said he hopes Delaware can send a message to other states that they can do the same thing and “don’t need to feel the threat from extremists.”  

“I think it’s showing that the General Assembly in Delaware in particular are advocating for good policy celebrating the individual … We’re governing by our values and not our fears.”  

Delaware Gov. Bethany Hall-Long on Jan. 16 signed and issued an executive order creating a Delaware State LGBTQ+ Commission that she said will hold public forums for the exchange of ideas on the needs of the state’s diverse LGBTQ community.

“The nine-member commission will serve to strengthen ties between the government and LGBTQ+ organizations,” a statement released by the governor’s office says.

The statement adds that the new commission will “help remove barriers to societal participation for LGBTQ+ people and improve the delivery of services to the community in Delaware to areas such as employment, equality, education, and mental health.”

It says that members of the commission will be appointed by the governor and serve without monetary compensation for a three-year term.

According to the statement, the commission members “will represent different facets of the LGBTQ+ community, taking into account age, race, gender, identity, background, life experiences and other factors, and reflect the geographic diversity of the state.”

Hall-Long’s executive order creating the new commission came at a time when she is serving in effect as interim governor for a period of just two weeks. As lieutenant governor, she became governor on Jan. 7 when outgoing Gov. John Carney resigned to take office in his newly elected position of mayor of Wilmington.

Carney, who served two terms as governor, could not run again for that position under Delaware’s term limit law. Democrat Matt Myer won the governor’s election in November and will be sworn in as Delaware’s next governor on Jan. 21, when Hall-Long will step down.

Myer was expected to appoint the commission members in the weeks following his assumption of gubernatorial duties.

“Ultimately, the commission will advise the governor, members of the governor’s Cabinet, members of the General Assembly, and other policymakers on the effect of agency policies, procedures, practices, laws, and administrative rules on the unique challenges and needs of LGBTQ+ people,”  the statement released by Hall-Long’s office says.

“It is truly an honor to bring this commission to fruition, and I am very excited to see the positive changes the commission will make in the lives of our LGBTQ+ neighbors,” Hall-Long said in the statement.

David Mariner, executive director of Sussex Pride, an LGBTQ advocacy group based in Delaware’s Sussex County, which includes Rehoboth Beach, praised the new executive order as an important step in advancing LGBTQ equality.

“It is my hope that through this commission, we can address the critical issues facing LGBTQ Delawareans,” Mariner said in his own statement.

“This includes developing an LGBTQ health report with a tangible roadmap to health equity, increasing collaboration and communication on hate crimes and hate-related activities, and ensuring that nondiscrimination protections, guaranteed by law, are a reality for all of our residents,” he said.

The statement announcing the LGBTQ+ Commission and the full text of the executive order can be accessed here.