Idaho House of Representatives passes a resolution calling on the Supreme Court to overturn same-sex marriage.
Photo via Reuters
Evyn Brogley: On Monday, Jan. 27, the Idaho House of Representatives passed a resolution calling on the Supreme Court to overturn the landmark case Obergefell v. Hodges.
In 2015, the Supreme Court decided over Obergefell and ruled 5-4 to guarantee the right to same-sex marriage nationwide, protected under the 14th Amendment’s equal protection and due process clauses.
The decision in Obergefell overturned an amendment to the state’s constitution, passed in 2006 by Idaho voters, to define marriage as the union between a man and a woman. However, since the election of President Donald Trump and the overturn of Roe v. Wade, conservatives have been keen on challenging same-sex marriage and other rulings protecting the rights of the LGBTQ+ community.
The House Joint Memorial 1 resolution passed the Idaho House of Representatives with a vote of 46-24, with all nine Democrats and 15 Republicans opposing the measure. The resolution questions the Supreme Court’s authority to impose national law. It states, “Since court rulings are not laws and only legislatures elected by the people may pass laws, Obergefell is an illegitimate overreach.”
Republicans like State Representative Heather Scott sponsored the resolution, arguing that the “Federal government does not have the authority to just create rights.” Additionally, Republicans have utilized arguments of religious liberty to justify the resolution, with Rep. Scott saying, “Christians across the nation are being targeted.”
Overall, the proponents of the resolution argue that laws regarding rights, like that of same-sex marriage, should be left up to the states to decide. Democratic Idaho House Minority Leader Ilana Rubel spoke out against the proponents of the resolution’s reasoning, emphasizing that “The partner you choose is not the government’s choice nor should it be.”
Although the resolution has passed Idaho’s Republican-controlled House, the Republican-controlled State Senate still needs to pass it. If approved by the Senate, the governor’s signature would not be required to be sent to the Supreme Court. As it is likely to be passed by the Idaho legislature, it is essential to note that the resolution holds no legal authority and would not overturn or establish any new laws. The Supreme Court would have to agree to hear a case that challenges Obergefell, and the resolution is more of a symbolic expression of the opinion and will of the legislative body.
Although the majority (69%) of Americans believe that same-sex marriage should be legal, the current Supreme Court has not shied away from revisiting the decision in Obergefell. After Trump appointed justices Gorsuch, Kavanaugh and Barrett, the conservatives cemented a majority in the Court.
In the 2022 Supreme Court ruling on Dobbs v. Jackson Women’s Health Organization that removed the federal right to abortion, Thomas expressed his opinion to revisit Obergefell in the concurring opinion. In that same opinion, Thomas also expressed interest in reviewing the rulings from Lawrence v. Texas and Griswold v. Connecticut, which legalized same-sex sexual activity and access to contraceptives, respectively.
If the Supreme Court took up a case and ruled to overturn federal same-sex marriage under Obergefell, trigger laws limiting or banning same-sex marriage would go into effect immediately in 35 states. Although, the federal government would still recognize same-sex marriages prior to the overturning of Obergefell.
The Respect for Marriage Law, signed by former President Joe Biden, guarantees that same-sex and interracial marriages are federally recognized. This federal law requires states to recognize legally certified marriages certified in the past but does not fully enshrine the right to same-sex marriage.
Under President Trump’s second term, conservatives and Republicans are far more emboldened to challenge existing protections and rights for minority groups and communities. The 14th Amendment has constantly been under attack from the right since the overturn of Roe v. Wade, and now the privacy protections under the equal protection and due process clauses are weakened, not only for minorities but for all Americans.
Proponents of same-sex marriage should challenge the idea that the government overreaches its power by enshrining rights for minorities in federal law with the understanding that any government telling a person who they can or cannot love is innately tyrannical. The resolution proposed in Idaho expands the ongoing attacks by conservatives against the queer community, including attacks on transgender individuals.
Evyn is a freshman in the SFS from outside of Philadelphia planning to major in international politics with a minor in German. He joined On The Record in his second semester as a staff writer.