An Act Proposing An Amendment To Article I Of The Delaware Constitution Relating To The Right Of Individual Privacy.
Summary
HB14 proposes a constitutional amendment to Article I of the Delaware Constitution to expressly recognize a right of individual privacy. The amendment states that this right is essential to the well-being of a free society and may not be infringed unless the government can show a compelling state interest. The bill is framed as the first leg of a two-step constitutional amendment process, meaning it must pass now and then be approved again by the next General Assembly after the next general election.
The synopsis explains that the proposal is intended to preserve privacy protections that the General Assembly believes have been recognized in U.S. Supreme Court precedent, citing cases such as Meyer v. Nebraska, Griswold v. Connecticut, and Lawrence v. Texas. The bill emphasizes personal autonomy in intimate and family-related decisions, and it seeks to place that principle directly into the Delaware Constitution rather than relying only on federal constitutional interpretation.
Impact
If enacted, HB14 would add an explicit privacy clause to the Delaware Constitution and raise the level of scrutiny for state actions that burden individual privacy interests by requiring a compelling state interest. It would not itself regulate a specific subject area, but it would affect how Delaware law is interpreted and challenged in areas involving personal autonomy, intimate conduct, family life, contraception, marriage, child rearing, education, and related privacy claims. Because it is a constitutional amendment, it would also require a second approval by a future General Assembly before taking effect.
Sentiment
The bill appears to have been introduced in a strongly supportive and rights-protective tone, with sponsors presenting it as a safeguard for Delawareans against future erosion of privacy rights. The text reflects confidence in existing constitutional privacy doctrine and a desire to codify those protections at the state level. No committee transcript or vote record is provided, so there is no recorded opposition or floor debate in the supplied materials.
Contention
The main point of contention implied by the bill is whether Delaware should constitutionally entrench a broad right of individual privacy and tie it to a compelling-state-interest standard. Supporters appear to view this as necessary to protect personal autonomy and preserve rights recognized in federal case law, especially amid concerns about the continued stability of those precedents. Potential critics would likely focus on the breadth of the amendment, the uncertainty of how far the privacy right could extend, and the fact that it could affect future state regulation in sensitive policy areas. However, no specific opposing arguments are included in the provided record.