[caption id="attachment_10485" align="alignright" width="300" caption="The gallery in the State House chamber reacts to passage of the civil unions bill"]
Delaware is poised to become the seventh state in the nation to recognize civil unions. A bill that legalizes civil unions for same sex couples, giving them almost the same rights, protections and responsibilities as married couples, cleared its second and final legislative hurdle Thursday. One week after the bill cleared the State Senate and after about 3 hours of debate before packed gallery at Legislative Hall Thursday evening, the House voted 26-15 in favor of the measure.
"Elated" is how the bill's House sponsor Melanie George (D-Bear/Newark) described her mood following the bill's passage. "This is a day of victory for equality and justice for everybody in Delaware."
The final vote drew loud applause from bill supporters. Moments after the vote, Rehoboth Beach resident Chris Beagle was in tears on the House floor with his partner, Eric Engelhart.
"We're both 45 years old. We've spent the last 22 years of our lives together and this is the closest thing to validation we've had," said Beagle.
Thursday night’s House debate included nine proposed amendments to the bill, including allowing opposite sex couples enter civil unions, and calling for a state referendum decide the issue of legalizing civil unions. All of those proposals were defeated, most by margins similar to the 26-15 final vote.
The last proposed amendment, introduced by Rep. William Carson (D-Smyrna), generated some of the evenings most heated exchange. The amendment intended to clarify that the bill would not infringe on the constitutional rights, particularly the freedom of religion, of those who oppose civil unions. But George argued the amendment’s language had unintended consequences, potentially allowing individuals or businesses to refuse people service based on the individual or businesses' religious beliefs. She called that a "roll back of civil rights.”
Carson took "great offense" at the suggestion his amendment was an attack on civil rights. George apologized and clarified her position.
"I know your intent was to protect religious freedom," George told Carson. "I'm suggesting [the language of the amendment] has a broader effect than just the narrow respect of the rights of the clergy [not perform civil unions], which is already protected in our legislation."
The amendment was defeated 24-16 with one representative refusing to vote.
Excerpts of debate in State House on Civil Unions Bill (SB 30)
House Minority leader Gregory Lavelle and State Representative Melanie George conclude debate on SB 30.
[audio:http://www.wdde.org/wp-content/uploads/2011/04/Lavelle_George.mp3|titles=Lavelle_George]
Dover Family Lay lawyer Glynis Gibson explains why she's worried about the bill's mechanics
[audio:http://www.wdde.org/wp-content/uploads/2011/04/Gibson.mp3|titles=Dover family law lawyer Glynis Gibson]
Alliance Defense Fund attorney David Napier warns the fight is not over.
[audio:http://www.wdde.org/wp-content/uploads/2011/04/Napier.mp3|titles=Alliance Defense Fund lawyer David Napier]
Equality Delaware President Lisa Goodman responds to Napier.
[audio:http://www.wdde.org/wp-content/uploads/2011/04/Goodman_debate.mp3|titles=Equality Delaware president Lisa Goodman]
House Minority Whip Gerald Hocker questions voting for SB 30 out of a sense of fairness
[audio:http://www.wdde.org/wp-content/uploads/2011/04/hocker.mp3|titles=House Minority whip Gerald Hocker]
Opponents called on two witnesses to testify before voting on the un-amended bill.
First was Dover family law attorney Glynis Gibson. Gibson expressed concern that the law would bring major changes in property law and child custody.
"It is a broadly sweeping, status changing bill," said Gibson. "I want to be sure our hearts don't get ahead of our heads and our feet come out from under us trying to take care of the heart issue without having truly looked at what we are doing in practical and mechanical application of this bill."
Opponents also called David Napier, attorney for the Alliance Defense Fund, which advocates nationally for religious rights. Napier warned the bill is "riddled with unintended consequences."
"Don't be deceived, this bill is a precursor to same sex marriage," said Napier, who anticipates the bill will be challenged legally.
Bill proponents called Equality Delaware president Lisa Goodman to respond. Equality Delaware helped draft the legislation. Goodman said Gibson's concerns about the mechanics are unfounded since the bill had been thoroughly reviewed by Family Law section of the Delaware Bar, and the legal impact is expected to be minimal.
"The bill does perhaps necessitate that lawyers learn something new, [but] not very much new," argued Goodman.
Goodman claimed Napier's statements amounted to "scare tactics."
"They try to scare people with the words 'same sex marriage' when what we're here on is a civil unions bill."
There was also debate over the financial impact on the state government of allowing civil unions. Rep. Dan Short (R-Seaford) questioned the estimated amount of money the law would cost the state in providing additional benefits. The bill’s fiscal note estimates it will cost Delaware between $115,000 and $125,000 the first year the law is in place, $340,000 to $670,000 the second year and $420,000 to $840,000 the third year.
"At this particular time I'm not convinced we can afford it, especially when we are cutting things out of budgets and programs," said Short, who called the fiscal note "drastically underestimated."
Rep. Gerald Hocker (R-Ocean View), the House minority whip, agreed with Short, stating that while proponents say bill is about fairness, he does not believe the same fairness is extended to groups like seniors and the homeless when issues regarding funding programs for them are before the legislature.
George says the numbers were developed, like all fiscal notes, with the best possible information. She also argued that whatever cost, it is worth it.
"Civil rights cost money," said George. "As a matter of principle, we're willing to put our money where our mouth is. If our Constitution says liberty and equality and justice for all then that's what we're going to pony up and pay for."
Short and Hocker were among the 16 representatives who voted against the bill.
The bill now goes to Governor Jack Markell (D) for his signature. In a statement, Markell praised passage of the bill.
"When it came to this legislation, it was clear that it was about rights, it was about opportunity and it was about time. It makes clear that if you’ve committed yourself to someone, and you’ve made that pledge to spend your life together in partnership, when life or death decisions come, we will respect your right to make those decisions together,” Governor Markell said. “It makes clear to children raised since birth in a homes of love, hope and help that just because both of your parents happen to be men or women, if one of those parents dies, you will not be torn apart from the other parent."
A spokesman for Markell expects there will be a bill signing ceremony next month.
Reaction to State House Vote on Civil Unions Bill (SB 30)
State Representative Melanie George (D-Bear/Newark) calls the vote historic and groundbreaking
[audio:http://www.wdde.org/wp-content/uploads/2011/04/George_reax.mp3|titles=State rep. Melanie George]
Senate bill sponsor - State Senator David Sokola (D-Newark) impressed with how bill supporters framed the debate.
[audio:http://www.wdde.org/wp-content/uploads/2011/04/Sokola.mp3|titles=State Senator David Sokola]
Equality Delaware President Lisa Goodman discusses why the bill moved smoothly through the legislature
[audio:http://www.wdde.org/wp-content/uploads/2011/04/goodman_reax.mp3|titles=Equality Delaware president Lisa Goodman]
Rehoboth resident Chris Beagle calls it a personal victory for he and his partner.
[audio:http://www.wdde.org/wp-content/uploads/2011/04/Beagle.mp3|titles=Rehoboth resident Chris Beagle]
When the bill is signed, Delaware will join Connecticut, Hawaii, Illinois, New Hampshire, New Jersey and Vermont as states with civil unions laws. Colorado is currently considering similar legislation. Seven other states recognize domestic partnerships.
Civil unions will not be conducted immediately upon the bill becoming law. The law will go into effect at 10:00 am on January 1, 2012.
But those affected by the bill are already prepared to take advantage as soon as they can.
"My partner and I will be right in line," said Goodman.
Beagle and his partner agree. "Of course, we will," said Beagle. His partner Englehart added, “We’re so, so grateful.”