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Delaware Senate advances same-sex marriage constitutional amendment, Sussex wind bill

Delaware Legislative Hall
Delaware Public Media
Delaware Legislative Hall

The Delaware Legislature enters its three-week homestretch before wrapping up this year's legislative session at the end of June.

To kickoff lawmaker's first day back in the capitol, the Delaware Senate passed two partisan bills that now head to the House for consideration.

The first is a constitutional amendment that would enshrine same-sex marriage in the state’s constitution.

While same-sex marriage was legalized in Delaware in 2013 and was ruled a constitutional right by the U.S. Supreme Court in 2015, State Sen. Russ Huxtable (D-Lewes) is looking to add an extra layer of protection for these unions.

“This bill sends a strong message that Delaware protects its people, that we will not wait for rights to be taken away before we act. Voting in favor of this amendment is not just the legal mechanism of marriage, it's about affirming the equal humanity of every Delawarean," he said.

If passed, the constitutional amendment would ensure the right to marry may not be denied on the basis of gender, race, color, national origin and sex.

State Sen. Eric Buckson (R-Dover South) was the only Republican to vote in favor of the bill, but not before making a statement that he finds it difficult to reconcile his faith with his support for gay marriage.

He also implied he doesn't appreciate lumping advocacy against trans women in female sports and gender-affirming care for minors with being against gay marriage — two bills State Sen. Bryant Richardson (R-Seaford) has introduced before.

"I first want to speak directly to the comments made earlier that mentioned sort of an attack in this space by, I don't know, administrations who think that maybe we should roll back some of the rights that have been given and earned. And I disagree, and I can say that, right? I can disagree and say that what I look at when I see some of these changes is a defense of normalcy, right? That's what I look at. I look at some of the legislation that was offered up, maybe by Sen. Richardson and me when it comes to girls sports, is not an attack, but a defense. You can disagree, but now that's getting lumped in, unless I'm missing laws that are out there saying that they're going to deny a gay marriage, which I would be opposed to," Sen. Buckson said.

As the first leg of a constitutional amendment, the bill will have to pass in the House and then make it through both chambers again in 2027.

The Senate also passed a resolution recognizing June as Pride Month in Delaware, which received abstentions from Sen. Buckson and State Sen. Dave Lawson (R-Marydel), as well as a no vote from Richardson.

After two hours of impassioned debate, lawmakers also passed a bill that would override a Sussex County Council decision to provide the necessary permit for an offshore wind project to proceed.

The US Wind project is being spearheaded by Maryland, but the company plans to build a substation to accept the generated power on a parcel of land next to the decommissioned Indian River Power Plant.

Sussex County Council denied the necessary permit to build that substation in December, and although US Wind is appealing that decision, state lawmakers have taken matters into their own hands.

Every Republican senator spoke in opposition of the bill at least once during its debate on the floor, with the majority of comments coming from Sen. Minority Whip Brian Pettyjohn (R-Georgetown).

“This is about local control. This is about the elected people on Sussex County Council being told, ‘You don't know what you're doing. We know better than you in Dover.' And that's wrong. That is a slap in the face to people that serve on Sussex County Council," Sen. Pettyjohn said.

The bill’s sponsor, State Sen. Stephanie Hansen (D-Middletown), argues county council’s decision affects the entire state and preventing new generation projects continues to put strain on ratepayers.

"[They have] local control over their own affairs. We just spent the last hour and some minutes now talking about how this is far beyond just the local affairs of the folks in Sussex County," she said. "I think that we need to set aside this talking point that this only over the affairs of Sussex County. If that's what was going on, we wouldn't be here."

The bill was ultimately approved on a party-line vote among members present and heads to the House for consideration.

Before residing in Dover, Delaware, Sarah Petrowich moved around the country with her family, spending eight years in Fairbanks, Alaska, 10 years in Carbondale, Illinois and four years in Indianapolis, Indiana. She graduated from the University of Missouri in 2023 with a dual degree in Journalism and Political Science.
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