The Idaho Legislature’s first initiative of the year blasts same-sex marriage, calling on the U.S. Supreme Court to let states once again regulate the relationship.
The 2015 Supreme Court decision in Obergefell v. Hodges legalized same-sex marriage nationwide over the objections of states like Idaho.
“What this decision did is it took the right away from the state to make the decision on marriage laws,” said Rep. Heather Scott (R-Blanchard), who sponsors the resolution. “Traditionally, that’s a state’s decision.”
The resolution, which doesn’t hold the weight of law, states the court decision “undermines” the vision of the framers of the U.S. Constitution “by declaring that citizens must seek dignity from the state” instead of holding inherent worth after “being created in the image of God.”
Voters here overwhelmingly approved a constitutional amendment nearly a decade earlier limiting marriage to between men and women.
Obergefell, according to the resolution, recognizes same-sex marriage, “thus undermining the civil liberties of those states’ residents and voters.”
“Since court rulings are not laws and only legislatures elected by the people may pass laws, Obergefell is an illegitimate overreach,” the resolution states.
Rep. Bruce Skaug (R-Nampa), an attorney who supported the resolution’s introduction, focused on that particular aspect of the legislation.
“I see this as not an issue on same-sex marriage, but on judicial activism and states’ rights,” Skaug said.
No one else spoke in favor or in opposition of its introduction Tuesday.
Lawmakers on the House State Affairs Committee, including both Democrats, unanimously voted to introduce it.
Reps. Todd Achilles (D-Boise) and Brooke Green (D-Boise) said they supported the resolution's introduction in the hopes that Republicans would support introducing their legislation in the future — a strategy that's had mixed results over the past several years.
"Voting to print the bill means we have the chance to debate it, challenge it, and vote against it on the record with our colleagues," Achilles and Green said in a joint statement, though the proposal would have been defeated had enough legislators voted against it.
Their choice to support the resolution's introduction came just moments after House State Affairs Chair, Rep. Brent Crane (R-Nampa), told the committee they should vote against introducing legislation they don't like without fear of retaliation by him.
If approved by both chambers, a copy of the resolution will be sent to the U.S. Supreme Court.
The committee must give it a full hearing before it can reach the House floor.
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