Delaware state Sen. Russ Huxtable introduced the bill last month. (Washington Blade photo by Daniel Truitt)
Delaware is considering amending its state Constitution to codify same-sex marriage. The bill, SB 100, will be heard in committee on May 21.
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.”
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