Idaho State GOP Seeks to Reverse Same-Sex Marriage

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Facts

  • Republican Idaho state legislators introduced a memorial — a legislative action that is not a formal bill — Tuesday urging the US Supreme Court (SCOTUS) to overturn its 2015 decision making same-sex marriage legal nationwide. It described the case, called Obergefell v. Hodges, as an "illegitimate overreach."[1][2]
  • The memorial, proposed by State Rep. Heather Scott (R-Blanchard), whose party holds a majority in the state legislature, asks SCOTUS to reinstate the "natural definition of marriage," described as being between one man and one woman.[3][4]
  • Scott's proposal on Tuesday was the first piece of legislative business introduced in the Idaho legislature this session. Same-sex marriage has been protected in Idaho since the SCOTUS ruled 5–4 in the Obergefell v. Hodges case.[1][5]
  • According to Scott, the ruling "took the right away from the state to make the decision on marriage laws." A 2022 poll reportedly found that nearly half of Idaho respondents supported legal same-sex marriage and 37% opposed it.[6][7]
  • While two conservative Supreme Court justices have asked for a reconsideration of Obergefell v. Hodges, Tuesday's resolution said that "court rulings are not laws" and that only legislatures can pass laws.[8][9]
  • The State Affairs Committee, in which the non-binding, symbolic proposal was introduced, will reportedly return to it for a public hearing at an unspecified date. If passed, it would be sent to the Supreme Court.[3]

Sources: [1]Idaho Capital Sun, [2]Idaho Statesman, [3]Oregon Live, [4]News Radio 1310, [5]Local News 8, [6]Boise State Public Radio, [7]QSalt Lake Magazine, [8]Straight Arrow News and [9]Vox.

Narratives

  • Left narrative, as provided by The Pink News and Los Angeles Times. Idaho's move to reverse Obergefell vs. Hodges was sadly predictable, given the GOP's ongoing efforts to challenge landmark precedents. Right-wing Justice Clarence Thomas, for example, suggested his opinion in the 2022 abortion case that he wanted to revisit Obergefell. Scott's proposal to "restore" the so-called "natural definition" of marriage isn't about strengthening state's rights but rather taking away a decade of civil rights achievements for the LGBTQ community.
  • Right narrative, as provided by The Christian Patriotic Voice and The American Spectator. Obergefell vs. Hodges was a Trojan horse from the left, leading to radical cultural shifts in America aimed at destroying traditional values. Not only has it eroded the basic idea of marriage, but it's also paved the way for harmful woke ideologies. Even despite the socio-cultural aspects of this issue, the Constitution gives states, not the federal government, the right to regulate marriage.