Delaware Legislators Leave Interracial & Same-Sex Marriage Protections Out of Constitution For Now

This week, a bill to add same-sex and interracial marriage protections to Delaware’s constitution fell short of the votes it needed to pass. Although 24 legislators voted ‘yes’ in favor of marriage protections, 3 legislators voted ‘no’ and 14 chose not to vote – preventing the legislation from reaching the required 28 ‘yes’ votes needed to pass. 

Related: How Will Marriage Laws Change in 2026? Legislation to Watch

What was the legislation? A closer look at DE SB100

The legislation being voted on was Delaware Senate Bill 100 ("An Act Proposing An Amendment To Article I Of The Delaware Constitution Relating To The Right To Marry"). It was the first legislative step toward amending the state’s constitution to add new legal wording which would have explicitly protected marriage rights for all adults, regardless of their race, gender, or national origin.

Although Delaware state law already protects same-gender marriages (and doesn’t prohibit interracial marriages), its constitution does not currently address or define civil marriage rights.

Legislators in favor of the bill believe this extra layer of protection is important for defending residents’ civil liberties; while state laws can be changed with a simple majority vote, constitutional amendments require a ‘supermajority’ approval from two-thirds of legislators to pass. This means that constitutional protections are harder for future legislative sessions to change or repeal. Those against the bill have pointed out that adding new language to the constitution would be redundant, emphasizing that statutory and federal protections are already in place. 

Why did some legislators choose not to vote? 

When a lawmaker votes ‘yes’ or ‘no’ on a bill like this, it usually represents a mix of personal views, legal interpretation, and feedback from constituents. One Representative said that she balanced her personal spiritual views with a responsibility to constituents by casting a vote in favor of the bill:

"I believe marriage is sacred, and that's something I don't take lightly,” she said, “but at the same time, I also have a responsibility here as a lawmaker. That responsibility is to uphold the Constitution, and to make sure that we're protecting people under that law. I can hold on to my personal beliefs and still recognize that my job is to make sure the law works fairly for everyone."

But what does it mean when legislators register as ‘not voting’? Why might a legislator choose to register as ‘not voting’ rather than voting ‘yes,’ ‘no,’ or abstaining?

One Representative offered a unique perspective on not voting; before the vote, he made a short statement on behalf of the Republican Caucus, saying: “This [amendment] is just re-stating rights that have already been protected under Delaware law. It's important for constituents to know that – that it is Delaware law, and so I'd like to thank the 2013 Delaware General Assembly for getting it right, and putting it into code.” 

(This comment most likely refers to the equal marriage protections for same-gender partners that were passed in Delaware in 2013, ‘Equal Treatment for Marital Relationships’.)

Offering another perspective perhaps, a Democratic representative registered as “not voting” after learning that the bill wouldn’t establish similar protections for marriages between first cousins – a topic that has gained significant attention in recent months. This may have been a signal that the bill as currently written falls short for some legislators. 

A strategic 'no' vote and what’s next 

It’s important to note that the bill's sponsor changed her 'yes' vote to a 'no' after the official record was called. 

This was a strategic act, she said later. She didn’t change her vote because she changed her mind about marriage rights – it was because she hopes to bring the bill back to the floor for another vote in the future. In Delaware, only someone on the prevailing (winning) side of a vote can ask members to reconsider a piece of legislation. Because the vote failed (making 'no' the winning side), changing her vote to a no is a procedural move that allows her to bring the bill back for reconsideration within a specific time period – something she says she hopes to do.

A note on the purpose of this article and the news we provide on our American Weddings blog: This article is provided for educational and informational purposes only, as part of our mission to inform our ministers about marriage legislation in their states. AMM is a non-partisan 501(c)(3) organization. We proudly support marriage equality! We do not endorse, support, or oppose any political candidates, parties, or elected officials.
 

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