For years a measure that would add constitutional backing to Delaware’s ban on same sex marriage died a quiet death in a desk drawer.
That’s set to end on Wednesday.
Sen. Robert Venables, D-Laurel, has scheduled Senate Bill 27, a constitutional amendment that would make heterosexual marriage the only type allowed or recognized by the state, to come before the Senate Small Business Committee. The hearing is scheduled for 1 p.m. on March 25 in the Senate Chambers.
“[Former] Sen. John Still sponsored this and I was the co-sponsor, but it never got to committee – it was one of those desk drawer vetoes,” Venables said.
“This time it’s going to get a hearing … I don’t know what will happen in committee, in the Senate or what will happen if it gets over to the House, but it will get a hearing.”
Currently, state law only recognizes heterosexual marriages, but Venables said the constitutional change is needed to buttress the law against court challenges that have, in other states, overturned state marriage laws. He said the amendment proposal is part of a growing national trend on the issue.
“There’re 30 states to my knowledge that have passed marriage amendments to their constitutions to head off any future disputes that get courts to rule against the people,” Venables said. “That’s the reason for this amendment – to make sure that [a court challenge] doesn’t happen in Delaware.”
A constitutional amendment must be approved by two consecutive General Assemblies and cannot be vetoed by the governor.
Venables said his amendment would have no bearing on civil unions, in which states grant gay couples some of the legal rights of a married couple. However, the unions are not universally recognized. Currently, Delaware law does not include civil unions.
Because the amendment would leave the door open for legislation authorizing civil unions here, Venables said he doesn’t think it will be as controversial as an outright ban on any gay unions and he said the notion of gay marriage is still opposed by a majority of people.
“I suspect there will be some controversy … But I think there are people out there who think domestic partnerships are OK,” Venables said. “But I don’t think there’re as many people out there who think that gay marriage is OK, so I don’t think this will draw as much controversy.”
