DOVER, DE- A heated debate unfolded inside Legislative Hall on Monday as lawmakers discussed Senate Bill 5, a proposal to enshrine reproductive rights in Delaware’s Constitution.
The Senate Health and Social Services Committee debated the bill for three hours, with supporters emphasizing the need to protect reproductive freedoms and opponents calling it government overreach.
The hearing drew lawmakers and community members on both sides of the issue.
Delaware law already safeguards abortion access and reproductive rights through state code, including shield laws that protect providers and patients.
While these rights are currently protected, Sen. Brian Townsend (D-District 11), the bill’s sponsor, argues they should be enshrined in the Constitution for stronger, long-term security.
“Reproductive rights are an extremely important part of personal liberties. It doesn't really get more fundamental than that. The most protective we can be of them is to put them in the Constitution.”
Opponents, including Sen. Bryant Richardson (R-District 21), argued that the bill goes too far.
“I don't think that we need this additional stuff. As a matter of fact, I'd like to reverse it—that we forbid abortions in Delaware."
Richardson and other critics equated abortion with murder, questioning why the state bans the death penalty but allows abortion access.
“These are innocent children that are being destroyed. If we’re going to protect those who commit horrendous crimes, then we need to protect the innocent.”
Townsend countered that the amendment is necessary in an unpredictable political climate.
“Here in Delaware, we're trying to say that these rights are paramount. We’ll put them in the Constitution, not just in the code.”
The bill’s future remains uncertain. Unlike typical legislation, Senate Bill 5 was not circulated, lawmakers said.
Townsend will need to secure enough votes to advance it out of committee for a full Senate vote.