The Delaware General Assembly passed Senate Substitute 2 for Senate Bill 100 on the last day of the legislative session on Tuesday after being rescinded last week. 

Senate Substitute 2 for Senate Bill 100 (SB-100) passed with 28 ‘yes’ votes, meeting the two-thirds threshold required for the bill to pass. Tuesday was the last day of the 153rd General Assembly. 

The amendment would enshrine the right to same-sex and interracial marriage in the Delaware Constitution. 

SB-100 was rescinded last week after it did not receive enough votes to pass. Democrats were short by three votes, with two Democratic members missing from the vote.

Rep. Josue Ortega (D-03) voted ‘no’ on SB-100 and Rep. Medinah Anton-Wilson (D-27) did not vote. However, both members voted ‘yes’ for Senate Substitute 2 for SB-100 on Tuesday. 

Prime sponsor of SB 100, Rep. Claire Snyder-Hall (D-14), made the technical decision to change her vote last week from a ‘yes’ to a ‘no’ at the last minute to keep the bill alive. 

Additionally, Republican Assemblyman Michael Smith (R-22) joined the Democrats with a ‘yes’ vote after voting ‘no’ on SB-100 last week. 

In order for SB 100 to be enshrined into the state Constitution, it must be passed by two consecutive General Assemblies. Thus, the amendment will not be officially added to the Constitution unless it passes in the 154th General Assembly next year. 

Rep. Snyder-Hall introduced the measure earlier this week. 

“Just one week ago, we failed to pass this legislation. We failed the people of Delaware. But today, on the final day of the legislative session, the 153rd General Assembly affirmed that every Delawarean has the fundamental right to marry the person they love, regardless of race or gender,” said Snyder-Hall.

“Thank you to my colleagues for recognizing that the right to marry is a right worthy of protection and for voting yes on this important constitutional amendment.” 

The Delaware General Assembly on Tuesday failed to pass Senate Bill 100 (SB-100), an amendment that would add protections for same-sex and interracial marriage to the Delaware Constitution. 

In order for the bill to pass, 28 out of 41 members needed to vote ‘yes,’ meaning all 27 Democrats and one Republican needed to vote in favor of the bill. 

Rep. Eric Morrison (D-27) told the Blade that an anonymous Republican member agreed to vote in favor prior to the vote but ultimately did not follow through on that promise.

“It’s a shame,” said Rep. Morrison, who’s gay. He explained the difficult nature of passing this amendment with only three legislative days remaining in this session. 

The bill needs to receive a two-thirds majority vote in two different sessions and the current two-year long session ends on July 1. Thus, if the bill does not pass before July 1, it will take a minimum of three years to pass the amendment. 

The bill was introduced by State Sen. Russ Huxtable (D-07) on June 5, 2025. 

Rep. Josue Ortega (D-03) was one of two Democrats to not vote in favor of the bill, voting ‘no.’ Rep. Ortega has not responded to the Blade’s request for comment. 

Rep. Madinah Wilson-Anton (D-27) was the other Democrat missing from the ‘yes’ votes. She did not vote on the bill. 

Sponsor of the measure, Rep. Claire Snyder-Hall (D-14), made a technical decision to reverse her vote from a ‘yes’ to a ‘no’ last-minute in order to keep the bill alive. 

In a Facebook post, Rep. Snyder-Hall said that, “The General Assembly turned its back on the people of this state.”

“When we had the chance to add an extra layer of protection from attempts to turn back the clock and strip our constituents of the rights that Democrats fought for decades to secure, we failed,” said Snyder-Hall. 

However, Snyder-Hall said that the failure to pass this bill is not the end. “There are still three legislative days left in the 153rd General Assembly and I am hopeful that we will be able to get the votes required to pass this incredibly basic — but important — bill.” 

(Editor’s note: This is the second of a two-part report on the race for Delaware attorney general. For last week’s interview with Democratic candidate Dwayne Bensing, visit washingtonblade.com.)

Delaware Attorney General Kathy Jennings spoke to the Washington Blade to discuss why she should be elected to a third term. 

Born and raised in Wilmington, Del., Jennings’ career in criminal prosecution spans decades. Prior to being sworn in as Delaware’s attorney general in 2019, Jennings worked as a prosecutor under the Delaware Department of Justice for years before being named Delaware State Prosecutor.

As a prosecutor, Jennings worked to convict the serial killer responsible for the murders of five women in New Castle County. This case was the first that DNA analysis was used as evidence in a Delaware court.  

“My focus for years has been reducing violent crime in our state, in particular gun violence. Over the course of my tenure, we have seen a dramatic drop in violent crime,” said Jennings. 

According to the Criminal Justice Council, under Jennings’s leadership in 2024, Delaware saw its lowest violent crime rate on record. 

“We are seeing violent crime going down to historic lows in the state of Delaware, and in particular in our largest city, the city of Wilmington,” said Jennings. 

At the end of 2023, homicides had decreased in Wilmington by more than 50% and shootings in Dover had declined by 23%. Additionally, the state’s prison population fell by nearly 25% since 2019 and the recidivism rates declined by 60%. 

Jennings explained “This job takes commitment, dedication, and lots of experience in the criminal justice system, because it’s our job to make sure that the criminal justice system is fair and equal to everyone.”

Within her efforts to reduce violent crime, Jennings said that she has especially focused on fighting gun violence. 

“I have made a priority in my administration to go after the gun lobby and to make sure that the state of Delaware has gun safety laws that are effective in reducing violent crime and that also are effective in protecting people, most especially our children,” she said.

“The No. 1 cause of death for children in our country are guns, and as long as that’s the case, my work is not done,” she added. 

Jennings said that she wants to protect children in particular from gun violence and that this fight remains a work in progress.

“We are beating the gun lobby in the legislature and in the courts, and we are seeing dramatic results in terms of reductions in gun violence that takes a lot of work that is ongoing,” said Jennings. 

Fighting the Trump administration remains an integral part of Jennings’s work as attorney general, as she has sued the Trump administration more than 40 times. 

“The Trump administration’s lawsuits could have cost Delaware almost a billion dollars in federal funds if we had succumbed to their extortionist threats, and we didn’t do that.” said Jennings. 

“We sued opioid manufacturers and distributors, getting $250 million to this state to fight addiction as a result of that. We will continue to do all the work that Delawareans expect us to do,” said Jennings. 

“We’re successful, and we’re going to continue to be successful,” Jennings said regarding her legal battles with the Trump administration.

In terms of support for the LGBTQ+ community, Jennings has previously sued HHS for discriminating against transgender Delawareans. 

Last summer, Jennings sent a letter to Nemours Children’s Hospital imploring them to reconsider its decision to stop providing gender-affirming care services to new transgender youth patients. Her primary opponent, Dwayne Bensing, criticized this letter for not being strong enough in protecting the trans community. 

The Blade asked Jennings about how she plans to continue to be an ally to the LGBTQ+ in a third term. She responded by saying: “We need to keep fighting to ensure that there are constitutional amendments that further protect children and protect marriage equality in our state, and we’re fighting to make sure those amendments are on the way.”

“To discriminate against trans children, in my mind, is child abuse. That’s what we’ve been fighting in the courts,” said Jennings. 

Jennings emphasized the importance of protecting LGBTQ+ youth by noting, “Our children deserve an environment where they are treated with compassion and equality.”

“It’s going to take a very strong attorney general who knows what she is doing to continue this fight,” said Jennings. 

The Blade also asked Jennings about her oversight of the restructuring of OpenAI. Originally founded as a nonprofit corporation in Delaware in 2015, OpenAI announced its goal to transition to a for profit corporation in May of 2025. 

“It is the duty of the attorney general to ensure that a corporation is fulfilling its charitable purpose,” said Jennings. “OpenAI’s charitable purpose is to use it to benefit all of humanity. That’s a big mission.”

Jennings worked closely with California Attorney General Rob Bonta to oversee OpenAI’s transition from nonprofit to for profit. 

“We got deeply involved in Open AI’s restructuring process to make sure the charitable corporation would be capitalized well to fulfill their mission of benefiting humanity and that they would prioritize safety. Those two goals were achieved.”

The restructuring process was approved by Jennings and Bonta in October of 2025. They appointed three independent directors to oversee OpenAI’s actions. “These three are independent directors who report to us several times a year,” said Jennings.

“We achieved a far superior result, because we are in the boardroom, we’re able to see what [OpenAI] is doing.”

“We have the full ability to go after OpenAI if they don’t fulfill our urges and we get the ability to oversee them on an ongoing regular basis,” said Jennings.

Jennings reiterated her desire to continue her work as attorney general: “These fights have to continue uninterrupted by people who know what they’re doing.”

“It is an honor and a privilege to have been voted in by Delawareans these last two terms, and I’m asking them to put me in again. I’m fighting hard,” said Jennings.  

The primary election for Delaware attorney general is Sept. 15.