SB 5 DE
AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM.
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Summary
Delaware SB 5 proposes an amendment to the state constitution to establish a fundamental right to reproductive freedom related to pregnancy. The amendment defines the medical judgment standard as "good-faith medical judgment" made by the treating attending health care professional. Constitutional amendments in Delaware require a two-thirds vote in both the House and Senate. This proposed amendment would need to pass in the current General Assembly and then pass again in the next General Assembly following the next general election before it becomes part of the state constitution.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
Like Senate Bill No. 5, this Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded reproductive freedom. This Act differs from Senate Bill No. 5 by making the following clarifications: (1) That an individual has a fundamental right to reproductive freedom relating to that individual’s pregnancy. (2) That the standard of medical judgment is a “good-faith medical judgment” rather than a “professional judgment”. (3) That the health care professional making the good-faith medical judgment is the “treating attending health care professional” rather than the “attending health care professional”. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
Sponsors (21)
- Bryan Townsend Democratic · primary
- Josue O Ortega Democratic · primary
- Marie Pinkney Democratic · primary
- Trey Paradee Democratic · primary
- Russell Huxtable Democratic · primary
- Ray Seigfried Democratic · primary
- Nicole Poore Democratic · primary
- William Bush Democratic · primary
- Eric Morrison Democratic · primary
- Sarah McBride · primary
- Melanie Ross Levin Democratic · primary
- Claire Snyder-Hall Democratic · primary
- David P. Sokola Democratic · primary
- Laura V. Sturgeon Democratic · primary
- John "Jack" Walsh Democratic · primary
- Mara Gorman Democratic · primary
- Kerri Evelyn Harris Democratic · primary
- Spiros Mantzavinos Democratic · primary
- Edward S. Osienski Democratic · primary
- David L. Wilson Republican · primary
- Cyndie Romer Democratic · primary
Action history (9)
- Mar 6, 2025 Adopted in lieu of the original bill SB 5, and Assigned to Health & Social Services Committee in Senate · upper
- Mar 11, 2025 Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable, 1 On Its Merits · upper
- Mar 11, 2025 Amendment SA 1 to SS 1 - Introduced and Placed With Bill · upper
- Mar 11, 2025 Amendment SA 2 to SS 1 - Introduced and Placed With Bill · upper
- Mar 11, 2025 Amendment SA 1 to SS 1 - Defeated By Senate. Votes: 6 YES 15 NO · upper
- Mar 11, 2025 Amendment SA 2 to SS 1 - Defeated By Senate. Votes: 7 YES 14 NO · upper
- Mar 11, 2025 Passed By Senate. Votes: 15 YES 6 NO · upper
- Mar 12, 2025 Assigned to Administration Committee in House · lower
- May 6, 2026 Reported Out of Committee (Administration) in House with 3 On Its Merits · lower
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