Summary: SB 100 elevates the redefinition of marriage to a constitutionally protected right, a government overreach into a deeply rooted religious and social institution.
Analysis: The state legalized what is referred to as same-sex “marriage” in 2013 with the signing of HB 75, sponsored by former House Representative Melanie George Smith. Despite that already being in DelCode, SB 100 attempts to extend that redefinition of marriage by making it a constitutionally protected, fundamental right.
God created marriage; He alone has the right to define it. Our US and State Constitutions were created to recognize and protect our God-given rights. They were not meant to fabricate rights and recognize violations of Judeo-Christian morality as rights.
SB 100 rejects the Judeo-Christian and historical definition of marriage that has been used for all of human history, and elevates it to the level of a Constitutional Right. This will have serious implications for religious liberty, and for those individuals and institutions who still uphold and live consistent with the Biblical definition of marriage.
Where is the line drawn? With the moral grounding of Scripture’s definition rejected, what is left to prevent the government from expanding the definition of marriage even further? Without an objective standard of truth, there are no barriers to laws that completely defy all sense of morality, as with the attempt to constitutionally protect abortion.
In the Senate Floor Session, it was made clear that SB 100 is more than a symbolic gesture. It represents a significant structural change with real consequences.
It doesn’t just enshrine same-sex “marriage” into the Delaware Constitution, SB 100 would redefine marriage in a way that is subject to DelCode. This means any future redefinition passed by a simple majority of the General Assembly—no matter how controversial—would automatically receive the same legal protection as all other marriages.
Though the bill references religious freedom, it offers no real protection. By placing the redefinition of marriage on equal footing with religious liberty, SB 100 sets the stage for legal conflict. When these rights inevitably clash, it won’t be the people or the legislature who decide—it will be the courts.
Religious schools, faith-based wedding venues, clergy, and nonprofit organizations could face legal pressure to violate their deeply held beliefs or face penalties.
As a constitutional amendment, this bill must have a 2/3 majority vote in both chambers, for 2 consecutive Sessions, to go into effect. This is the first leg of the amendment.