A measure to enshrine same sex marriage in Delaware’s constitution failed in the House earlier this week, falling short of the 28 “yes” votes needed.
Democratic sponsors of SB 100 want same sex marriage added as a protected right in Delaware’s constitution. State Rep. Claire Snyder Hall (D-Rehoboth Beach) said while same sex marriage is legal in Delaware, putting it in state’s constitution makes it harder to roll back.
SB 100 needed all 27 of the House Dems to support it - along with one Republican. But it got no Republican votes and two Democrats – State Reps. Madinah Wilson Anton (D-Newark) and Josue Ortega (D-Wilmington) also chose not to support it.
On the house floor Tuesday Ortega said, "over the course of this legislation" he heard from constituents who opposed SB 100. And he would vote no because, "I believe their voices deserved to be reflected in my vote."
Wilson Anton’s said her "not voting" was based on Delaware law not recognizing other types of marriage– like first cousins. She knows a constituent from Morocco in the process of trying to reunite his family. He's a US citizen, but "was told that because Delaware doesn't recognize marriages between first cousins, he would have to move to a different state in order to bring unified with his family."
Wilson Anton said she wants the state legislature to close loopholes that cause this discrimination.
But after the Tuesday vote, Wilson Anton and Ortega said on social media that they got negative feedback for their votes.
On the House floor Wednesday, Wilson Anton said she’ll change her vote if the measure comes forward again.
"To those who felt hurt or betrayed by my vote last night, I apologize," she said. "I support the right for everyone to marry, regardless of sexual orientation, race, or gender. "
And Ortega said his decision was based on feedback he'd received "at that time." He personally supports LGBTQ+ rights. And his vote "would have been different" if he'd heard, "the same level of support as I heard opposition."
In addition to Ortega and Wilson Anton, SB 100 would need one republican house member to vote 'yes' on the measure.
Snyder-Hall said Friday that she is "doing everything she can" to get republicans on board with the legislation before session ends Tuesday. It's possible the measure could come forward again, but said status of votes needed is uncertain.
