The gallery in Legislative Hall’s Senate chamber started to fill more than an hour before lawmakers began consideration of Senate Bill 30 – the first legislative hurdle for the measure that would legalize same sex civil unions.
After three hours of discussion and debate, an attempt to table the bill and two failed amendments, SB 30 passed by a vote of 13-6 with two absent, and now moves on to the House of Representatives for consideration.
The legislation’s sponsor Senator David Sokola (D-Newark) opened the debate – describing the bill as an attempt to give people in committed same-sex relationships rights and decision-making capabilities over family matters, property, emergency medical procedures, inheritance, and other benefits “others take for granted.”
“It is not just a matter of fairness, it is also good business,” Sokola said, suggesting that civil unions would be good for the state’s economy and draw employers and talented employees.
Questions for legal experts centered on various issues including the possible financial impact, religious freedoms, and whether it would be the first step to legalizing same-sex marriages.
“We have families who need protections,” said Lisa Goodman, the President of Equality Delaware. “We have same-sex couples who don’t have many of the same basic rights, protections and obligations that opposite-sex couples enjoy in Delaware.”
Equality Delaware is a recently-formed organization which says it is “working to ensure and promote dignity, safety and equality for lesbian, gay, bisexual and transgender Delawareans.” It helped draft the legislation.
Nicole Theis, President of the Delaware Family Policy Council, countered that the vote puts Delaware on a path toward same-sex marriage. She is concerned that much of the civil-union bill contained language drawn from existing marriage statutes.
“We are always going to promote, and defend, the position that children need both a mom and a dad,” Theis said.
The Delaware Family Policy Council was formed in 2007 and says its purpose is to “strengthen, nurture and shield Delaware families by developing faith-based alliances with churches, pro-family organizations, community and civic leaders and religious organizations.”
Reaction to State Senate Vote on Civil Unions Bill (SB 30)
State Senator David Sokola (D-Newark) believes the bill passed the Senate on its merits.
Governor Jack Markell (D) is pleased the bill cleared its first hurdle in the Senate.
Equality Delaware President Lisa Goodman is optimistic the bill will also pass the State House.
Delaware Family Policy Council President Nicole Theis is disappointed that the legislation is moving forward.
Senator Robert Venables (D-Laurel) presented two amendments that were defeated. One would have made civil unions available to heterosexual couples and “for other individuals, such as family members, who are not romantically involved but who cohabitate and share their lives out of necessity.” Another would have kept civil unions from being legal until after Delawareans are able to vote on it, either in a referendum this year or in 2012.
“My personal opinion is, it is not a civil rights issue,” Venables said. “Maybe we should let the people decide.”
Goodman said surveys have shown Delawareans support same-sex civil unions by two-to-one.
State Senator Colin Bonini (R- Dover South) stated that fiscal notes indicate that same-sex civil unions would require the state to spend $1.6 million over the first three years – an estimate he believes is low.
New Castle County Clerk of the Peace Ken Boulden said it would be up to each county to determine the civil-union ceremony fee.
Senator Joe Booth (R- Rehoboth) attempted to have the legislation tabled, but was voted down.
When the Senate voted 13-6 in favor of the bill, cheers and applause erupted from the audience.
Sokola and Goodman believe the measure has an excellent chance of passage in the House. “We have strong support in the leadership in the House,” Goodman said.
Governor Jack Markell said he’s pleased that the measure has moved forward and looks forward to signing it, allowing civil unions to be offered in Delaware beginning in January 2012.
“This is the right time. It is time for this bill to pass, “ said Governor Markell.
