Delaware Fails to Enshrine Same-Sex Marriage Right in State Constitution

On Tuesday, June 23, 2026, the Delaware House of Representatives failed to pass a bill to amend the state constitution to enshrine the right to same-sex and interracial marriage. To pass the document (Senate Bill 100), a two-thirds majority was required – 28 out of 41 votes. 24 representatives voted in favor of the bill, three voted against, and 14 did not participate in the voting.

Same-sex marriage has been legal in Delaware since 2013 under state law. The proposed amendment aimed to enshrine this right in the constitution, making it less vulnerable to potential future court decisions or legislative changes.

The initiative was authored in the Senate by Democratic Senator Russ Huxtable, and promoted in the House of Representatives by Democrat Claire Snyder-Hall. To preserve the possibility of reconsidering the bill before the end of the current session on July 1, Snyder-Hall changed her vote from “yes” to “no” at the last minute for procedural reasons.

Among Democrats, Representative Josue Ortega also voted against the bill, and Madinah Wilson-Anton did not participate in the voting. According to Representative Eric Morrison, one Republican had previously promised to support the amendment but ultimately changed his decision.

If the bill does not receive the necessary number of votes by the end of the session on July 1, the process of amending the constitution will have to start over, which will take at least three years, as it requires approval by two consecutive General Assemblies. Currently, the right to same-sex marriage is enshrined in the constitutions of only three US states: Nevada, California, and Michigan.

Source: Washington Blade