Del. bill would ban same-sex marriage
By Casey Bell
PGN Staff Writer

© 2007 Philadelphia Gay News

Conservative legislators in the First State recently introduced a proposal to tighten the state’s already-existing laws concerning same-sex marriage, further infringing on the rights of the sexual-minority community.

Delaware Senate Minority Leader John C. Still (R-17th Dist.) on June 21 introduced a bill to amend the state constitution to forbid same-sex marriage, civil unions and domestic partnerships.

The bill, SB 156, would alter Article XV of Delaware’s constitution to state: “Marriage is prohibited and void between persons of the same gender. A marriage obtained or recognized outside this State between persons of the same gender shall not constitute a legal or valid marriage within this State. The uniting of two persons of the same gender in a civil union, domestic partnership or other similar same-gender legal relationship shall not be valid or recognized in this State.”

Sens. Robert Venables (R-21st Dist.) and Colin Bonini (R-16th Dist.) and state Reps. Benjamin Ewing (R-35th Dist.), Gerald Hocker (R-38th Dist.), Biff Lee (R-40th Dist.) and Pam Thornburg (R-29th Dist.) are co-sponsors.

SB 156 was referred to the Senate Executive Committee on June 21.

At press time, there was no corresponding House version of the bill.

Still told the Delaware State News he wanted language included in the constitution to prevent a judge from ruling that the state must recognize out-of-state homosexual marriages.

“Marriage is the foundation of our society and has always been between one man and one woman,” he said. “We must do everything we can to preserve the institution of marriage. Amending the Delaware constitution is the best way to do that. This is part of the radical gay agenda. They want to redefine marriage.”

Bob Martz, president of GLBT-rights group Delaware Liberty Fund, told PGN the bill’s chances of moving forward are slim.

“We already have the Defense of Marriage Act in place in Delaware,” he said. “So it’s already illegal for same-sex couples to marry. It’s just a hateful bill.”

The Defense of Marriage Act does not include language addressing civil unions or domestic partnerships.

Martz added that SB 156 would affect not just Delaware residents, but also same-sex couples in neighboring states.

“It’s saying to people right across the river in New Jersey, ‘We just won’t recognize you, stay out of our state.’”

Martz explained that a House version of the bill would not be introduced until it moves out of committee in the Senate.

If the amendment passes this year in both chambers, it must again pass in the General Assembly session next year.

Though Democratic Gov. Ruth Ann Minner does not have the power to keep the amendment out of the constitution, she already voiced her opposition to both the state and federal anti-gay marriage constitutional amendments (for which President Bush announced support last month) in a Delaware State News story.

“I believe that both this proposed state amendment and the proposed federal amendment are inappropriate because they would use our state and federal constitutions to deny rights and to divide us into separate classes of citizens,” she said.

“I think this bill is dead in the water,” Martz said. “It’s sponsored by a lot of right-wing, conservative people, and I just don’t see it progressing. Usually when a bill is referred to the Executive Committee, it goes there to die.”

Neither a hearing or vote was scheduled for SB 156 at press time.