Summary: Senate Bill 5 will enshrine abortion rights directly within the Delaware Constitution.
Analysis: There are a broad number of laws in DelCode that legalize and protect the practice of abortion. Elevating the legalization of abortion to a constitutional right would make any future legislative attempts to protect preborn life and limit abortion nearly impossible.
As a constitutional amendment, it will need to be passed by a 2/3 majority in both chambers in 2 consecutive legislative sessions. If the 14 Republicans in the House who have historically voted against abortion maintain their position, it will not have the necessary votes to pass.
The same bill was filed by Sen. Kyle Evans Gay at the very end of the ’22 legislative session. Given the timing of when that bill was filed, it was never intended to pass. This year, since SB 5 was filed at the beginning of session, the intention is clearly to push this bill through to the finish line.