This Act is the first leg of an amendment to the Delaware Constitution establishing that the right to marry is a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender. 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.
Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.
This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.