On June 23, the Delaware House of Representatives defeated a bill that would have made a step towards enshrining marriage equality in the state constitution “regardless of race, color, national origin, and sex” at Legislative Hall in Dover. Representative Claire Snyder-Hall stated that SS2 for SB100 protected a “fundamental right” when she sponsored the bill alongside Senators Huxtable, Lockman, and Townsend, as well as Representative Griffith.
Several Democrats engaged in debate over the bill on the House floor, and some decided to not support it. Senior Legislative Attorney Deborah Gottschalk provided testimony on the floor regarding the scope of the bill. Representative Kamela Smith expressed concern regarding language protecting religious freedom but ultimately voted in favor of the measure. Representative Josue Ortega reported his constituents opposed the bill, making him the lone Democrat “no” vote. The bill did not receive any Republican support. Representative Mike Smith acknowledged the marriages described were already protected under Delaware law, implying his caucus felt the bill would be largely symbolic. Because the House does not have a supermajority of Democrats, the bill would have required a Republican to vote “yes” on it even if every Democrat voted to support it. After failing to receive the necessary 28 “yes” votes, Representative Snyder-Hall changed her vote to “no,” which she explained on the Delaware House Democrats Facebook page would allow her to bring the bill back up before the current legislative session ends on June 30th.
Representative Madinah Wilson-Anton did not vote on the bill after Gottschalk told her SS2 for SB100 would not protect a constituent from Morocco who contacted her after being told by immigration authorities to move out of Delaware and reapply to bring his wife into the country since the state does not currently recognize marriages to first cousins. Despite the testimony, Representative Snyder-Hall insisted in the Facebook announcement that the bill would have protected “the right of all Delawareans to marry the person they love.”
In a statement published on June 24, Wilson-Anton explained her vote was not a change from her previous stances in support of LGBTQ+ Delawareans. “I have voted to support LGBTQ+ rights and have been proud to earn the support and trust of many in the LGBTQ+ community. To those who felt hurt and betrayed by my vote last night, I apologize.” She also stood by her criticism of the bill as not being inclusive enough in closing “loopholes that still allow for discrimination.” She explained, “I believe marriages between consenting adults should be recognized by this state, even if it’s culturally or religiously different from one’s own preferences.” Her bill, HS1 to HB8, that would have recognized “marriages of first cousins who were already married in other states or countries,” was defeated in 2025.
Prior to the vote, advocates seemed uncertain that the bill had enough support to advance. Leslie Calman, President of the Stonewall PAC, sent out an email on June 16 asking RD3 residents to contact Representative Ortega in support of SB100 saying, “so far, he has not committed to supporting the amendment.” The Delaware Sexuality and Gender Collective similarly issued a statement on the morning of June 23 urging all legislators “to vote in support of SB100, regardless of their political affiliation, religious beliefs, cultural norms, other legislative priorities, or personal beliefs.”
After the defeat, Vienna Cavazos, Vice Chair of the Delaware LGBTQ+ Commission, expressed they were “disappointed” in the “petty” legislature and concerned about “strategic failure” in garnering support for the bill. “Today, near the end of Pride Month, the Delaware legislature let us down,” they said. “There was a push in the days leading up to this vote to shore up support for the bill by targeting members of the General Assembly. I do not believe that was a sound strategy, and the outcome reflects that. If the votes were not there, this bill should not have been brought to the floor,” the statement also says.
Referring to the announced intention to run the bill again, Cavazos stated, “To the bill’s sponsors, I would strongly implore you not to bring this to a vote again unless passage is guaranteed. We only have three legislative days left this session, and our community can only handle so much disappointment.” According to Cavazos, “Same-sex and interracial marriage is legal in Delaware, and it will remain legal,” and the community remains resolute in advocating for further protections. In her statement, Representative Wilson-Anton further clarified her intentions to support the bill if it is brought back for a vote on the House floor.