Religious liberty is clashing yet again with LGBTQ ideology in Delaware legislation.
However, the clash is very subtle, which means it can easily slip under the radar – if we are not informed and ready to take action.
As we approach the final day of session on June 30th, here are two bills that every church and faith-based institution must be aware of:
1. House Bill 37 – Redefining Public Accommodations. This bill passed the House and is on its way to the Senate Floor.
Under current law, places of public accommodation cannot “discriminate” based on sexual orientation or gender identity. HB 37 redefines “public accommodation” in a way that could include faith-based organizations, causing them to face legal threats for simply living out their deeply held beliefs about biological sex and gender.
A faith-based homeless shelter that separates accommodations by biological sex could be sued for discrimination. A religious school that receives state funding for student programs might be forced to adopt polices that violate its core convictions.
The Senate hearing this week for HB 37 demonstrated that this bill is dangerously ambiguous.
In the hearing, the bill sponsor and Senate attorney insisted that HB 37 is simply a “minor update,” and that it will not affect any organizations.
However, that same attorney mentioned repeatedly that HB 37 would correct the “discrimination” allegedly occurring currently in two organizations – the foster care system and the Department of Corrections.
In addition, the discussion between the attorney and the Senate committee chair exposed that the bill’s use of the term “public function” is vague, and it is unclear just how much control that term would allow the government to exercise over private organizations.
Which is it? Are organizations impacted or not? This ambiguity is precisely the danger.
HB 37, masked as a minor clarification, is in reality a major shift that threatens religious liberty and freedom of conscience in Delaware.
2. Senate Bill 100 – a Constitutional Amendment to enshrine the redefinition of marriage into the State Constitution.
The DFPC team and I analyzed the Senate floor session for SB 100 to help you understand its major issues. Watch the analysis here, then contact your Representative today!
SB 100 goes far beyond enshrining same-sex “marriage” into the Delaware Constitution.
By elevating the redefinition of marriage to a constitutional right, SB 100 would require that any marriage recognized as legal in Delaware be treated equally under the law. This means that SB 100 would elevate any future redefinition of marriage recognized by a simple majority of the General Assembly—no matter how controversial— to the same level of protection as all other marriages.
Also, SB 100 mentions religious freedom, but it cannot guarantee religious protection.
Why? Because by making this redefinition of marriage a constitutional right, it puts it on the same level as religious liberty. When these rights inevitably clash, as they have in other states, it won’t be the legislature or the people who decide—it will be the courts.
This is not a symbolic statement—it’s a structural shift with real consequences. Religious schools, faith-based wedding venues, clergy, and nonprofit organizations could be forced to comply or be punished for living out their beliefs.
As a constitutional amendment, SB 100 needs a two-thirds majority to pass this session—which means it could pass by a single vote.
Click here for the list of other bills we’re watching this session.
As we come to the end of session, we’ve been hard at work behind the scenes, monitoring legislation, coordinating testimony with our national partners and legal team, and equipping legislators to respond strategically to each bill. Help us finish strong – support our work with your tax-deductible gift today!