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Delaware · 153rd General Assembly (2025-2026) · Bill

SB 5: AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM.

Passed one chamber Official data

  1. Introduced
  2. In committee
  3. Passed one chamber
  4. Passed both chambers
  5. Enacted

Last official action: ·Record last updated:

Plain-language summary

SB 5 is a bill introduced in the Delaware Senate on March 6, 2025. According to its official title, it concerns: AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM. Primary sponsor: Bryan Townsend (Democratic), Tizzy Lockman (Democratic), Marie Pinkney (Democratic), Melissa Minor-Brown (Democratic), Debra Heffernan (Democratic), Kendra Johnson (Democratic), Krista Griffith (Democratic), Bill Bush (Democratic), Eric Morrison (Democratic), Cyndie Romer (Democratic). It lists 19 additional sponsors. Most recent recorded action (May 6, 2026): Reported Out of Committee (Administration) in House with 3 On Its Merits.

Generated automatically from the official title, sponsor list, and status record only. It does not characterize the bill’s purpose or effects. How summaries are written

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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

Sponsors by party (alphabetical): Democratic 29

NameRolePartyChamberDistrict
Bryan TownsendPrimary sponsorDemocraticSenate11
Tizzy LockmanPrimary sponsorDemocraticSenate3
Marie PinkneyPrimary sponsorDemocraticSenate13
Melissa Minor-BrownPrimary sponsorDemocraticHouse17
Debra HeffernanPrimary sponsorDemocraticHouse6
Kendra JohnsonPrimary sponsorDemocraticHouse5
Krista GriffithPrimary sponsorDemocraticHouse12
Bill BushPrimary sponsorDemocraticHouse29
Eric MorrisonPrimary sponsorDemocraticHouse27
Cyndie RomerPrimary sponsorDemocraticHouse25
Dan CruceCo-sponsorDemocraticSenate1
Mara GormanCo-sponsorDemocraticHouse23
Stephanie HansenCo-sponsorDemocraticSenate10
Kerri HarrisCo-sponsorDemocraticHouse32
Kyra HoffnerCo-sponsorDemocraticSenate14
Russ HuxtableCo-sponsorDemocraticSenate6
Larry LambertCo-sponsorDemocraticHouse7
Melanie Ross LevinCo-sponsorDemocraticHouse10
Rae MooreCo-sponsorDemocraticHouse8
DeShanna NealCo-sponsorDemocraticHouse13
Ed OsienskiCo-sponsorDemocraticHouse24
Trey ParadeeCo-sponsorDemocraticSenate17
Sophie PhillipsCo-sponsorDemocraticHouse18
Nicole PooreCo-sponsorDemocraticSenate12
Ray SeigfriedCo-sponsorDemocraticSenate5
Claire Snyder-HallCo-sponsorDemocraticHouse14
Dave SokolaCo-sponsorDemocraticSenate8
Laura SturgeonCo-sponsorDemocraticSenate4
Jack WalshCo-sponsorDemocraticSenate9

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

  1. Reported Out of Committee (Administration) in House with 3 On Its Merits
  2. Assigned to Administration Committee in House
  3. Passed By Senate. Votes: 15 YES 6 NO
  4. Amendment SA 2 to SS 1 - Defeated By Senate. Votes: 7 YES 14 NO
  5. Amendment SA 1 to SS 1 - Defeated By Senate. Votes: 6 YES 15 NO
  6. Amendment SA 2 to SS 1 - Introduced and Placed With Bill
  7. Amendment SA 1 to SS 1 - Introduced and Placed With Bill
  8. Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable, 1 On Its Merits
  9. Adopted in lieu of the original bill SB 5, and Assigned to Health & Social Services Committee in Senate

Sources

  1. Open States / Plural (data from the official legislature website)
  2. Official legislature source