Idaho House calls on US Supreme Court to reverse Obergefell vs Hodges equal marriage ruling

The Idaho House of Representatives has called on the US Supreme Court to reverse the ruling in Obergefell vs Hodges that legalised same-sex marriage in 2015, and restore the “natural definition of marriage, a union of one man and one woman”. 

The state house voted 46 to 24 to pass House Joint Memorial 1 on Monday (27 January), which called on the court to overturn the ruling. All Democrats, as well as 15 Republicans, opposed the measure but it still passed with a large majority. 

Republican representative Heather Scott, who proposed the measure earlier this month, said the decision about whether to legalise same-sex marriage should be left up to each of the 50 states, rather than be recognised by the entire country. 

“I would ask you to substitute any other issue and ask yourself: ‘Do I want the federal government creating rights for us, for Idahoans’,” Scott asked during the debate. 

“So, what if the federal government redefined property rights or nationalised water rights? What does that look like if they came up with some new fair-use policy or came up with different ways to define property rights? That is not a decision for the judges, it is a decision for the states.”

She went on to claim that Obergefell vs Hodges posed a “threat” to religious liberty, and that “Christians across the nation are being targeted”. 

Here are the facts regarding the anti-LGBTQ memorial proposed by Idaho lawmakers yesterday. Make no mistake, we will not tolerate attacks on the LGBTQ+ community. pic.twitter.com/pcTPCRpjkH

— ACLU of Idaho (@acluidaho) January 8, 2025

The, proposed change has been criticised, with Democrat house minority leader Ilana Rubel calling it “deeply upsetting” to LGBTQ+ people in Idaho. She added that one of her sons is gay, and has told her he was worried this would mean he could not marry his partner while living in the Gem state. 

“It makes them not want to live here,” Rubel said. 

“These are good people. These are good, law-abiding people who are feeling like their legislature doesn’t want them here and doesn’t want them to be able to live the full rights that everybody else can.”  

She previously described the measure as a “sad distraction”, saying the government had “no business telling consenting adults who they should love”.

Rubel went on to say: “This is yet another example of the extreme wing of the Republican Party ginning up divisive social issues to create problems where none exist.” 

A measure designed to ‘intimidate, ostracise and bully’ LGBTQ+ people

Speaking to The Advocate, a spokesperson for the American Civil Liberties Union of Idaho said that while the memorial was not legally binding, and same-sex marriage remained legal in Idaho, it was “harmful nonetheless because it is a clear statement to LGBTQ+ communities that they are undeserving of equal access to rights that are afforded to anyone else.”

The spokesperson added: “The legislature’s purpose in introducing a toothless statement such as this one is to intimidate, ostracise and bully gay and queer people. 

“However, they cannot do that effectively if our communities refuse to tolerate this kind of bigotry, and we will support Idahoans in fighting back against bad legislation.”

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