DELAWARE -- Some Delaware lawmakers are proposing an amendment to the state's constitution. The amendment, if passed, would codify the 'right to marry' as a fundamental one.
Senator Russ Huxtable (D-Lewes), who is proposing the legislation, told WBOC the idea for the bill came about following national discussion on whether or not the right to same-sex marriage would be overturned.
"We're looking to see how we can make our protections as strong as possible, for our neighbors and our community members," Huxtable said. "We decided we'd go ahead and draft this marriage equality amendment and get the ball rolling."
Matty Brown, the communications manager with the LGBTQ+ organization CAMP Rehoboth, said the proposal is a good step for the state.
"It would really guarantee the right to marry for all, regardless of gender," Brown said. "This would be a wonderful step for the LGBTQ+ population and all Delawareans."
Same-sex marriage was legalized in Delaware in 2013. Brown said the proposal would add extra protections for Delaware's LGBTQ+ community.
"The LGBTQ+ population is being targeted at the federal level. So, right now, we're looking to our local and state leaders to provide us protections and make sure we have our firewall for freedom," Brown said.
Huxtable said the bill would not infringe on the right to religion. If passed, the bill would not require religious organizations to formalize all marriages. Private institutions against same-sex marriages would not be mandated to solemnize them, which lawmakers proposing the bill said has been a concern with similar legislation proposed in other states.
"There is that separation of church and state," Huxtable said.
David Mariner, the executive director for Sussex Pride, said his organization also supports the proposal.
"A constitutional amendment adds an extra layer of protection, which is crucial at this time," Mariner said. "I think there's a lot more we can do for LGBTQ equality in Delaware."
Mariner said the proposal is a timely one.
"We've seen the LGBTQ community under attack. We've seen gender-affirming care under attack. We've seen the existence of trans people under attack," Mariner said. "Anything is possible at this point. So whatever we can do to protect our community to guarantee we will have the right to marriage moving forward is crucial."
Huxtable said the bill is awaiting consideration in Delaware's Executive Senate Committee. According to the senator, the amendment will have to pass through both this year's and next year's general assemblies to be added to the state's constitution.