Pair of bills aims to codify marriage, support domestic partnerships

Two bills sponsored by Sen. Russ Huxtable, D-Lewes, are designed to protect marriage in the state and give more rights to domestic partnerships.

Senate Bill 100 is the first leg of an amendment to the Delaware Constitution that would establish the ability to marry as a fundamental right. 

“The right to marry regardless of gender does not infringe upon the right to freedom of religion, because religious organizations and members of the clergy have the right to refuse to solemnize a marriage,” reads the bill, which is also sponsored by Rep. Claire Snyder-Hall, D-Rehoboth Beach.

As a constitutional amendment, passage of the bill would require a two-thirds vote of each house of the General Assembly across two subsequent General Assemblies.

The amendment was introduced April 3 and awaits action in the Senate Executive Committee.

A second bill, SB 83, would protect the rights of domestic partners in connection with long-term care. Under the bill, a resident in long-term care would be protected from discrimination if they are a member of a protected class. The bill would allow a domestic partner the same rights to visit as a spouse, and if feasible, the ability to share a room if both are residents of a facility.

“This addition is being made to ensure that domestic partnerships entered into in other states are recognized,” the bill reads.

Under the bill, the Department of Health and Social Services would provide a revised notice of resident rights, and require a facility to train staff on the new changes.

The bill was introduced April 3 and awaits action in the Senate Health and Social Services Committee.