Snyder-Hall Reintroduces SB 100; House Passes First Leg of Constitutional Amendment to Protect the Right to Marry

DOVER – Amidst calls for the reversal of the landmark Supreme Court case that effectively legalized same-sex marriage in the United States, the House passed the first leg of an amendment to the Delaware Constitution that would protect marriage equality in the First State.

Sponsored by Senator Russ Huxtable and Representative Claire Snyder-Hall, Senate Substitute 2 for Senate Bill 100 would establish 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 the Delaware Constitution — including race, color, national origin, and sex.

“The people spoke, and my colleagues listened,” said Rep. Claire Snyder-Hall, House Prime Sponsor of SB 100. 

“Just one week ago, we failed to pass this legislation. We failed the people of Delaware. But today, on the final day of legislative session, the 153rd General Assembly affirmed that every Delawarean has the fundamental right to marry the person they love, regardless of race or gender. Thank you to my colleagues for recognizing that the right to marry is a right worthy of protection and for voting yes on this important constitutional amendment.” 

In 2013, Delaware repealed the prohibition on same-gender marriage that was enacted in the state in 1996, and made it legal in Delaware Code for two individuals of the same gender to marry. 

Two years later, in the case of Obergefell v. Hodges (2015), the Supreme Court held that states must allow and recognize same-sex marriages under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. This legalized same-sex marriage across the United States, regardless of whether or not it was legalized on a state-level. 

But when Roe v. Wade was overturned in 2022, Justice Clarence Thomas wrote that the Supreme Court should revisit all cases built on similar legal footing, including Obergefell v. Hodges. In 2025, the Supreme Court declined to take up a case challenging their 2015 ruling. Still, between 2025 and 2026, 9 states including Michigan, Idaho, Montana, North Dakota, South Dakota, Missouri, Oklahoma, Tennessee and Texas, have brought forth legislation urging the Supreme Court to overturn Obergefell. 

While the federal 2022 Respect for Marriage Act requires that any marriage between two individuals that is valid under state law must be federally recognized as legitimate, if Obergefell were to be overturned, individual states could refuse to recognize same-sex marriages and ban them entirely. 

“By enshrining the right to marry into Delaware’s Constitution, we send a clear message that Delaware will protect the humanity of our citizens and affirm marriage equality regardless of sexuality, race, or gender,” said Senator Russ Huxtable, Prime Sponsor of SB 100. 

“We’ve seen marriage equality protections backslide throughout our country, and it’s incumbent upon us lawmakers to ensure that does not happen in the First State. I look forward to this legislation’s passage by the 154th General Assembly so that these protections are officially enshrined in our State Constitution.”

Enshrining the right to marry in the Delaware Constitution adds an extra layer of security against any potential legislation brought forth to ban same-sex marriage in the state. In order for SB 100 to take effect, it must be passed by two consecutive General Assemblies. If passed by the 154th General Assembly, any measure to repeal it would also have to be passed by two consecutive General Assemblies. 

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