Summary: HB 14 explicitly codifies a right to privacy in the Delaware Constitution.

Analysis: Even though the US Constitution does not have an explicit “right to privacy,” the Supreme Court interpreted several amendments in the Constitution as guaranteeing that right, and used that as the justification for their decision in cases like Roe v. Wade.

While there are already multiple protections for privacy under Delaware law, recognizing the right to privacy in the Constitution would, among other things, create even more broad protections for abortion.

As a constitutional amendment, this bill requires a 2/3 vote in each chamber to pass. This means that they need 28 votes in the House and 14 in the Senate. We’ve seen similarly dangerous constitutional amendments held back by one or two votes in the House. It will take that same courage to do so again.