Idaho House lawmakers have signed off on a resolution calling for the U.S. Supreme Court to overturn its 2015 decision legalizing same-sex marriage nationwide.
The resolution, which does not carry the weight of law, asks justices to further “…restore the natural definition of marriage, a union of one man and one woman.”
The bill’s sponsor, Rep. Heather Scott (R-Blanchard), said the resolution is solely about restoring states’ rights to oversee marriage laws as they see fit. Idaho voters defined marriage as being solely between one man and one woman in the state constitution in 2006 with 63% approval.
Scott and other supporters of the resolution said the majority in Obergefell v Hodges misapplied the 14th Amendment.
“They are human. They do make mistakes,” said Rep. Lucas Cayler (R-Caldwell). I believe that just like the Roe v. Wade decision was bad jurisprudence, I think that Obergefell v. Hodges was also bad jurisprudence.”
If approved by the Senate, a copy of the legislation would be sent to justices in D.C.
Opponents, like Rep. Todd Achilles (D-Boise), said it’s ultimately a waste of time and money.
“This is really, at the end of the day, nothing more than a grumpy letter with our names on it. The [fiscally] responsible thing to do is to stop it here and to stop it today,” Achilles said.
Rep. Clint Hostetler (R-Twin Falls) rejected that notion. Standing up for what you believe is right, he said, is always a good thing to do.
“Whether it’s crumpled up and thrown away, whether the wording isn’t exact or whether it’s ignored, it’s what we need to do,” Hostetler said.
According to a 2023 poll from the Public Religion Research Institute, 59% of Idahoans support same-sex marriage compared to 39% who oppose it.
Nationwide, the same poll found 67% of Americans support same-sex marriage.
Fifteen Republicans joined all nine Democrats in voting against the measure, which now goes to the Senate.
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