‘An appalling abdication’: Proposed constitutional amendment to codify same-sex marriage fails in the Delaware House

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Legislation that would protect the right to same-sex marriage failed to pass the Delaware House on Tuesday, despite just three state lawmakers voting no.

The proposed constitutional amendment would protect people from being denied the right to marry due to a protective characteristic, such as race, color, national origin and sex.

Tuesday marked the four-year anniversary of the overturning of Roe v. Wade, the landmark 1973 U.S. Supreme Court ruling that legalized abortion access nationwide. The decision has caused concern that the nation’s highest court could use a similar approach to overturn the Obergefell v. Hodges decision, which paved the way in legalizing same-sex marriage in 2015.

The bill, sponsored by state Rep. Claire Snyder-Hall, D-Rohoboth Beach, required 28 of the 41 members to vote yes. However, only 25 members voted in favor, with Snyder-Hall changing her vote to “no” so it could be considered again. The end result was 24 yes, 3 no and 14 not voting.

Snyder-Hall said in a statement that the vote was “deeply disappointing.”

“The General Assembly turned its back on the people of this state,” she said. “Every Delawarean deserves the right to marry the person they love, regardless of race or gender.”

Most House Republicans did not vote. State Rep. Mike Smith, R-Pike Creek, said he was speaking for most of his caucus by pointing out it was already in state code.

“This is just restating rights that have already been protected under Delaware law. It’s important for constituents to know that,” he said. “I’d like to thank the 2013 Delaware General Assembly for getting it right.”

In a statement, Delaware Attorney General Kathy Jennings called the failed vote “shocking and upsetting.”

“Failing to permanently enshrine those protections in our state’s Constitution is an appalling abdication of the state government’s duty to guarantee the rights of every Delawarean,” she said. “It adds insult to injury that this vote was cast in the closing days of Pride Month.”

State Rep. Madinah Wilson-Anton, D-Newark, was the only Democrat who did not vote on the bill, and state Rep. Josué Ortega, D-West Wilmington, was the lone Democrat who voted no.

“My duty as an elected representative is to listen to the concerns of the people I serve,” Ortega said. “After carefully considering the feedback I received, I concluded that I will be voting no, because it was the best decision that best represented the majority of my constituents.”

State Rep. Kamela Smith, D-Bear, said she was a yes on the bill despite her religious beliefs about marriage.

“I also have a responsibility here as a legislator, and that responsibility is to uphold the constitution,” she said. “My job is to make sure that the law works fairly for everyone, even when people don’t all believe the same things I do.”

Snyder-Hall said the proposal would not infringe on religious freedom.

“The amendment deals only with civil marriage,” she said. “It does not tell any church, synagogue or mosque what constitutes religious marriage.”

Constitutional amendments require the General Assembly to pass it in two consecutive legislative sessions. It passed the Delaware Senate earlier this month in the first leg of its journey.

It could be brought up for a vote again during the next two legislative session days.