A same sex marriage bill is being introduced in the general assembly with a name aimed at easing concerns of those worried that clergy would be forced to perform ceremonies.
House Bill 75 would give married couples would have the same rights, protections, responsibilities and obligations as opposite-sex married persons under Delaware law. Same-sex couples would be able to apply for marriage licenses from clerks of the peace. The bill was given the title – Civil Marriage Equity and Religious Freedom Act.
The bill comes after the passage of similar legislation in Maryland and unsuccessful effort to overturn the measure in a referendum. Delaware had earlier passed civil union legislation.
The Delaware Family Police Council was quick to criticize the bill, claiming that the backers of the previous civil union law lied and went on to propose same sex marriage.
Click on the link below to read a copy of the bill:
“All couples who are in a loving and committed relationship in Delaware deserve the respect and recognition of marriage,” said bill sponsor Rep. Melanie George Smith, D-Bear. “I had the freedom to marry the man I love. We should allow all family members, our friends, our neighbors, our co-workers and our children to marry the person they love.” More than 20 legislators have signed on as co-sponsors to HB 75.
Senate President Pro Tempore Patricia Blevins D-Elsmere, is a prime sponsor of the legislation in the Senate along with Sen. David P. Sokola, D-Newark. She noted that like many Delawareans, she knows same-sex couples who have been together for decades, raise kids, work, volunteer and live their lives like every other Delawarean, and they deserve to be treated the same as every other Delawarean.
Governor Jack Markell recently said that if a marriage equality bill reached his desk this year, he would sign it.
In addition, DuPont Co., publicly announced its support for the bill. The bill may not have the same level of support from privately held companies that may not support the bill for religious or other reasons.
Under HB 75, same-sex civil unions would no longer be performed after the effective date of the bill – July 1. The bill would establish procedures for the conversion of existing civil unions to marriages. All civil unions would be converted to marriages within one year.
House Speaker Rep. Pete Schwartzkopf said he has watched some of his constituents continuously push toward equality through the years. An effort to protect people from discrimination based on sexual orientation took 11 years alone.
“We are all individuals. Our viewpoints, opinions, our likes and dislikes are formed as we grow by family, friends, teachers, clergy and our experiences in life,” said Schwartzkopf, D-Rehoboth Beach. “I was a state trooper for 25 years. I have seen a lot of difficult things in that time. I have seen what people are capable of doing to each other because someone looks, acts, thinks or loves differently than them. I’ve seen what happens when people are treated differently because the state allows it by declaring that we are all not equal. I have never said this publicly before but that is why I fought for equal rights, that is why I fought for civil unions and that is why I am going to fight for marriage equality.”
HB 75 states that no clergyperson or minister of any religious denomination will ever be required to perform or solemnize any marriage, including a same-sex marriage, that does not conform with his or her religious beliefs.
According to the National Conference of State Legislatures, nine states and Washington, D.C. already allow same-sex couples to marry. Delaware is one of 10 states that allow either same-sex civil unions or domestic partnerships. Marriage equality bills are also pending in Rhode Island, Illinois and Minnesota.
