Idaho Republican legislators call on SCOTUS to reverse same-sex marriage ruling

(BOISE, Idaho) — The Idaho House has passed a resolution calling on the Supreme Court to reconsider its 2015 decision on same-sex marriage equality.

The court’s Obergefell v. Hodges decision established the right to same-sex marriage under the equal protection clause and the due process clause of the Fourteenth Amendment.

The resolution comes after Associate Justice Clarence Thomas’s expressed interest in revisiting the Obergefell decision in his concurring opinion on the Supreme Court’s landmark 2022 opinion on Dobbs v. Jackson Women’s Health Organization that overturned the federal right to abortion.

Thomas, who issued a dissenting opinion in 2015 against same-sex marriage, wrote in 2022, “In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is ‘demonstrably erroneous,’ we have a duty to ‘correct the error’ established in those precedents.”

Lawrence v. Texas overturned a law criminalizing same-sex sexual conduct and Griswold v. Connecticut overturned state restrictions on the use of contraceptives.

The Fourteenth Amendment states: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The Respect for Marriage Law signed by former President Joe Biden in 2022 guarantees the federal recognition of same-sex and interracial marriages and acts as a limited remedy if the Supreme Court were to overrule the Obergefell precedent. The law does not enshrine a right to same-sex or interracial marriage nationwide, but instead requires all states to recognize these marriages if legally certified in the past or in places where they were legally performed.

Same-sex couples across the country have long had concerns about the fate of legalized gay and lesbian marriages.

In Rochester, New York, the city’s First Universalist Church asked themselves what they could do to affirm LGBTQ identities as a religious organization amid a rise in anti-LGBTQ rhetoric. So, they organized a “Big Gay Wedding” to officiate the marriage ceremonies of queer couples en masse with the support of volunteer photographers, florists and others from the community.

“We wanted to be able to provide the service for our community, to be able to celebrate queer love and celebrate queer joy, to have some time for folks to get married who might not be able to otherwise afford a marriage in a congregation, and we want it to be like this big and joyous and beautiful celebration that really brings our community together,” the church’s Reverend Lane-Mairead Campbell previously told ABC News.

Events like Campbell’s “Big Gay Wedding” have begun to pop up around the country, helping residents to make precautionary changes.

“We still have the ability to do this regardless of what happens legally in the months and years ahead,” said Campbell. “We understand that queer and trans people have been here and have existed in times when oppression has been great and where we have had to hide, but we have never ceased to exist … In my denomination, we’ve been doing queer weddings since well before it was legal, and we will continue to do them well after.”

The Idaho House argues that “marriage as an institution has been recognized as the union of one man and one woman for more than two thousand years, and within common law, the basis of the United States’ Anglo-American legal tradition, for more than 800 years.”

The resolution states that the Supreme Court decision is “in complete contravention of their own state constitutions and the will of their voters, thus undermining the civil liberties of those states’ residents and voters.”

A 2024 Gallup poll found that 69% of Americans continue to believe that marriage between same-sex couples should be legal, and 64% say gay or lesbian relations are morally acceptable.

Sarah Warbelow, the vice president for legal affairs for the Human Rights Campaign, criticized the Idaho effort.

“This cruel action by Idaho Republicans amounts to nothing more than shouting at the wind,” said Warbelow. “A majority of Americans of all political affiliations support marriage equality. Resolutions are not laws, and state legislatures lack the power to dismantle marriage equality. They cannot touch the guaranteed federal protections for same-sex couples under the Respect for Marriage Act.”

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