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A proposed amendment to enshrine same-sex and interracial marriage protections into the Delaware Constitution failed in the state House on Tuesday.

The amendment had passed the state Senate earlier this month, but lost by four votes in the House, where a 2/3 majority of 28 votes was needed. Two Democrats did not vote in favor of the bill. State Rep. Josue Ortega (D) voted no, while state Rep. Madinah Wilson-Anton (D) did not vote.

Gay state Rep. Eric Morrison (D) told the Washington Blade that an anonymous Republican had agreed to vote yes, which would have secured the 28 votes needed if all 27 Democrats also voted yes, but the GOP lawmaker did not keep his word.

Ortega, the Democrat who voted no, told WHYY it was his “duty as an elected representative… to listen to the concerns of the people I serve.”

“After carefully considering the feedback I received,” he continued, “I concluded that I will be voting no, because it was the best decision that best represented the majority of my constituents.”

Rep. Claire Snyder-Hall (D), who sponsored the measure, also ended up voting no, but she explained she did so as a strategic decision once she realized the amendment did not have enough votes to pass.

“That’s a maneuver that allows me to bring this bill back up,” she explained in a video, “because I’m still hopeful that we’re going to be able to get the votes we need to pass this basic bill.”

“Today, the General Assembly turned its back on the people of this state,” Snyder-Hall wrote in the caption of her post. “Every Delawarean deserves the right to marry the person they love, regardless of race or gender. But today, when we had the chance to add an extra layer of protection from attempts to turn back the clock and strip our constituents of the rights that Democrats fought for decades to secure, we failed.”

She emphasized that she will keep fighting. “The groups most affected by this egregious vote are no strangers to setbacks,” she said. “There are still three legislative days left in the 153rd General Assembly and I am hopeful that we will be able to get the votes required to pass this incredibly basic – but important – bill.”

The Blade explained that the bill must pass before July 1, when the two-year-long session ends, or else another attempt to pass it will take at least three years.

State Rep. Mike Smith (R) defended his no vote and the lack of support from his party in a statement to WHYY: “This is just restating rights that have already been protected under Delaware law. It’s important for constituents to know that.”

State Rep. Kamela Smith (D), on the other hand, said she voted yes despite her own religious beliefs due to her “responsibility here as a legislator, and that responsibility is to uphold the constitution.”

“My job is to make sure that the law works fairly for everyone,” she continued, “even when people don’t all believe the same things I do.”

Delaware Attorney General Kathy Jennings (D) called the assembly’s failure to pass the amendment “shocking and upsetting” and a failure “to advance a basic, core tenant of equality.”

“Failing to permanently enshrine those protections in our state’s Constitution is an appalling abdication of the state government’s duty to guarantee the rights of every Delawarean,” she added. “It adds insult to injury that this vote was cast in the closing days of Pride Month.”