SB 100 would enshrine same-sex “marriage” as a right in the DE Constitution.
SB 100 creates religious liberty concerns, and completely bypasses the DE Constitution.
Marriage is a sacred institution – it is not ours to define. SB 100 is an affront to the sanctity of marriage and sets a dangerous precedent for bypassing the process of enshrining Constitutional rights.
SB 100 can be heard anytime between now and June 30th, the end of session.
Using the talking points below, ask your Representative today to vote NO on SB 100.
Talking Points to Send to your Legislator
Vote NO on SB 100!
- SB 100 completely bypasses the DE Constitution. SB 100 would allow any further redefinition of marriage in Del Code – i.e. the attempt to protect 1st cousin marriages in 2025 (HB 8) – to automatically be elevated to the level of a Constitutional right, without the 2/3 majority for 2 sessions typically required to amend the Constitution. When asked about this, the attorney for the majority party could not give a clear response in both hearings. Instead, the concern was confirmed! This is a dangerous precedent!
- SB 100 will challenge religious liberty protections. Even though SB 100 has a clause about religious liberty, the fact that SB 100 is enshrining same-sex “marriage” as a right in the same section of the Constitution as religious liberty protections means that in any clash between religious liberty and the redefinition of marriage, it will be left to the court to decide which right deserves higher weight. Supporters of traditional marriage would automatically be at risk of litigation for following their conscience. Vote NO on SB 100.
- In contrast to what SB 100’s sponsor claimed, the comments made during the Senate hearings did, in fact, “rehash the morality” of DE’s marriage law, which was redefined in 2013. Marriage was recognized for thousands of years as the union between a man and a woman to make and raise the next generation. But SB 100 elevates the idea that marriage is NOT about what is best and safest for children, but is simply meant to gratify adult desires and feelings.
- SB 100 is messing with marriage! SB 100 is political activism, an attempt to solve a problem that doesn’t exist. Marriage has already been redefined in Delaware to include same-sex unions since 2013. Please leave this alone and vote NO on SB100.
More about Senate Bill 100
The House attorney was unable to deny that SB 100 would bypass the process for amending the Constitution! Listen to her attempt to defend SB 100 in committee below.
Read the bill and see the sponsors here.
Senate Bill 100 would enshrine same-sex marriage as a constitutional right in the Delaware Constitution.
Delaware officially redefined marriage in 2013 to include same-sex unions. SB 100 is meant to enshrine this redefinition in the Delaware Constitution, making it virtually untouchable.
Constitutional Amendments require a 2/3 majority, for two consecutive sessions, to pass. It’s a high bar for a reason – changes to the Constitution should never be taken lightly.
But SB 100 is written to protect any marriage recognized in Delaware law. This means that if a simple majority, in a single session, changes Delaware law to expand the definition of marriage even further – such as the 2025-26 legislature’s attempt to legalize 1st cousin marriage – that redefinition will automatically become a Constitutional right. This objection was raised in both the House and Senate discussions on the bill, and the legislative attorney did not give a clear answer to this objection.
SB 100 also has religious liberty concerns. Even though SB 100 has a clause about religious liberty, the fact that SB 100 is enshrining same-sex “marriage” as a right in the same section of the Constitution as religious liberty protections means that in any clash between religious liberty and the redefinition of marriage, it will be left to the court to decide which right deserves higher weight. Supporters of traditional marriage would automatically be at risk of litigation for following their conscience.
Senate Bill 100 was heard on the Senate Floor on June 10th in 2025. It passed with 15 Democrats and 1 Republican voting for it. It passed the House Committee and failed its initial. vote on the House Floor.
The bill sponsor changed her vote from yes to no to allow her to bring the bill back up before June 30th.
5/21/25 Senate Executive Committee – Listen Here, start at 3:47:35
6/10/25 Senate Floor Session – Listen Here, start at 3:00:00
3/11/26 House Administrative Committee – Listen Here, start at 3:22:55
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