Idaho House calls on Supreme Court to overturn Obergefell

The Idaho House of Representatives has voted to reject the Supreme Court’s ruling in Obergefell v. Hodges and urge the justices to reconsider the decision legalizing same-sex marriage nationwide.

Lawmakers approved House Joint Memorial 17 on Tuesday in a 44-26 vote. All Democrats voted against the measure, and a small number of Republicans joined them. The resolution now heads to the Idaho Senate.

The memorial states the Legislature “rejects the Obergefell decision” and “calls upon the Supreme Court of the United States to reverse Obergefell and restore the natural definition of marriage.”

Supporters say the 2015 ruling overrode the authority of states and ignored the will of voters who had already defined marriage in state law.

The resolution says Obergefell “is at odds with the Constitution of the United States and the principles upon which the United States is established.” It also says the ruling “arbitrarily and unjustly” cast aside the historic understanding of marriage, which “has been recognized as the union of one man and one woman for more than 2,000 years.”

Rep. Tony Wisniewski, R-Post Falls, sponsored the memorial. He said supporters oppose “the debasing of the term of marriage to that of something that is abhorrent to many of us.”

The memorial also points to Idaho voters’ earlier decision on the issue. In 2006, 63% of voters approved Amendment 2, which added language to the state Constitution defining marriage as the union of one man and one woman.

Supporters argue the Supreme Court brushed aside that vote when it issued the Obergefell ruling.

The resolution also states the decision “may have been illegitimately adjudicated” because two justices in the majority, Ruth Bader Ginsburg and Elena Kagan, had previously officiated same-sex weddings and did not recuse themselves.

The memorial now moves to the Idaho Senate. The governor does not play a role because joint memorials do not require a signature.

Its chances remain unclear.

A similar resolution passed the Idaho House last year, but the Senate did not act on it. Lawmakers have not said whether the chamber plans to consider the proposal this year.

Republicans hold a large majority in the Idaho Senate, which could give the measure a path forward if leadership decides to bring it up for debate. If Senate leaders again decline to schedule a vote, the memorial could stall in the chamber once more.

Even if the Senate approves the measure, the resolution would not change federal law. Only the Supreme Court can overturn its own ruling.

Supporters say the vote signals how some lawmakers believe states – not federal courts – should decide marriage policy.

(Image credit: Wikimedia Commons)