Idaho Legislature’s first bill: Overturn same-sex marriage
The Idaho Legislature has introduced its first measure of the year: a resolution calling on the U.S. Supreme Court to overturn its landmark 2015 ruling that legalized same-sex marriage nationwide. The proposal, sponsored by Rep. Heather Scott (R-Blanchard), seeks to reinstate states’ authority to regulate marriage, labeling the Obergefell v. Hodges decision an “illegitimate overreach.”
Scott’s resolution urges the Supreme Court to restore the so-called “natural definition of marriage” as exclusively between one man and one woman. It further criticizes the Obergefell ruling for allegedly undermining states’ rights and violating the framers’ vision of the U.S. Constitution.
“The purpose of this resolution is just to affirm our state authority to regulate marriage,” Scott said during the initial hearing Tuesday.
The House State Affairs Committee, including both Democrats, unanimously approved introducing the resolution, moving it forward for further discussion and a public hearing at a future date. If passed by the legislature, the nonbinding resolution would be sent to the Supreme Court as a formal request but would not carry legal weight.
The 2015 Obergefell decision legalized same-sex marriage nationwide, including in states like Utah and Idaho, where such unions were previously banned. Idaho voters had approved a constitutional amendment in 2006 defining marriage as exclusively between a man and a woman. However, the amendment was struck down in 2014 by a federal judge, a decision later upheld by the Supreme Court’s ruling.
Public opinion in Idaho has since shifted. A 2022 poll by the Idaho Statesman and SurveyUSA found that nearly half of respondents supported legal same-sex marriage, while 37 percent opposed it.
Still, some Idaho lawmakers, including Rep. Bruce Skaug (R-Nampa), argue the resolution isn’t solely about same-sex marriage but also about pushing back against perceived judicial overreach. “I see this as not an issue on same-sex marriage, but on judicial activism and states’ rights,” Skaug said.
Mixed Reactions Across Party Lines
Democratic leaders have sharply criticized the resolution, calling it a distraction from more pressing issues. House Minority Leader Ilana Rubel and Senate Minority Leader Melissa Wintrow, both Democrats from Boise, described the effort as a “sad distraction” meant to stir division.
“This is yet another example of the extreme wing of the Republican Party ginning up divisive social issues in order to create problems where none exist,” the lawmakers said in a joint statement. “Big government has no business telling consenting adults who they should love.”
Despite shifting public sentiment, Idaho’s Republican delegation in Congress has remained opposed to same-sex marriage protections. Both of Idaho’s senators, Jim Risch and Mike Crapo, voted against the 2022 Respect for Marriage Act, which requires states to recognize same-sex marriages performed elsewhere. Republican Rep. Russ Fulcher also opposed the legislation, while Rep. Mike Simpson supported it.
Next Steps
The resolution will return to the House State Affairs Committee for a full hearing before it can proceed to the House floor for debate. If passed by both chambers, it would symbolize Idaho’s stance on the matter but would not alter existing laws or Supreme Court precedents.
While the resolution faces criticism for its divisive rhetoric, proponents argue it reaffirms Idaho’s sovereignty in defining marriage laws. Whether it gains broader support remains to be seen.
