Delaware Becomes 11th State To Permit Same-Sex Marriages

As reported by the New York Times, Delaware today became the 11th state to authorize same-sex marriage. The new law also converts exiting Delaware civil unions into marriages.  House Bill No. 75 (full text) was passed last month by the state House of Representatives by a vote of 28-18.  The state Senate passed the bill just before 7:00 pm tonight by a vote of 12-9. (Legislative history.) Gov. Jack Markell signed the bill within minutes of its passage. The new law protects clergy who object to performing same-sex marriages.  It provides:

nothing in this section shall be construed to require any person (including any clergyperson or minister of any religion) authorized to solemnize a marriage to solemnize any marriage, and no such authorized person who fails or refuses for any reason to solemnize a marriage shall be subject to any fine or other penalty for such failure or refusal.  Notwithstanding the preceding sentence, a clerk of the peace who issues a marriage license, or a deputy thereof, shall be required to perform a solemnization of such marriage if requested by the applicants for such license.