An Idaho House Republican, Representative Heather Scott, proposed a draft memorial urging the U.S. Supreme Court to reconsider Obergefell v. Hodges, the landmark ruling that legalized same-sex marriage nationwide, in a bid to "restore federalism," according to House minutes on Tuesday.
Newsweek has reached out to Scott for comment via email on Thursday.
Why It Matters
Federalism refers to the division of powers between federal and state governments. The Supreme Court decision ensures marriage equality is a federal constitutional right, therefore requiring states to recognize same-sex marriages.
Supreme Court Justices Clarence Thomas and Samuel Alito have signaled in a court dissent that the case should be reconsidered.
In recent years, the Supreme Court, with a 6-3 conservative-liberal split, has overturned decades-old precedent. In 2022, in its ruling in Dobbs v. Jackson Women's Health Organization the Court overturned the nearly 50-year precedent established in Roe v. Wade that enshrined abortion as a federal right.
What to Know
The draft memorial, signified as RS 31836, in the Idaho legislature, was presented to the House State Affairs Committee by the committee's vice chair, Republican Representative Heather Scott.
Although draft legislation in the Idaho House is not available online, the committee notes describe the proposed resolution "to reaffirm the states authority to regulate marriage. It encourages the Supreme Court to revisit Obergefell v. Hodges and request reconsideration and the purpose to restore federalism."
A memorial does not carry the force of law but serves as a formal method of communication.
In 2015, the Supreme Court's 5-4 decision in Obergefell legalized same-sex marriage nationwide. Since then, the court has shifted to a more conservative majority following former President Donald Trump's appointment of three justices.
However, same-sex marriage rights were bolstered in late 2022 when Congress passed, and President Joe Biden signed into law, the Respect for Marriage Act. The law "requires that interracial and same-sex marriage must be recognized as legal in every state in the nation," the president said.
Trump is set to take office in less than two weeks. For the first time in history, he has appointed an openly gay and married Treasury Secretary, Scott Bessent. During his first administration, Trump named Richard Grenell, then U.S. ambassador to Germany, as acting director of national intelligence, making him the first openly gay person to hold, in acting capacity, a Cabinet-level position.
What People Are Saying
Idaho Representative Heather Scott said at the hearing, per The Idaho Stateman: "The purpose of this resolution is just to affirm our state authority to regulate marriage."
Brian Tyler Cohen, host of political podcast No Lie with Brian Tyler Cohen, posted on X, formerly Twitter, on January 8: "Idaho Republicans just introduced a resolution calling on the Supreme Court to overturn marriage equality. They are asking the right-wing majority to reinstate the 'natural definition of marriage,' calling gay couples 'illegitimate.' In a second follow-up post, he wrote, "Something tells me this won't lower grocery prices."
The American Civil Liberties Union of Idaho posted on X on Thursday: "A House committee voted to propose a memorial, not a law, regarding same-sex marriage. Memorials are typically an ask from the legislature to a different governmental body (in this case, the U.S. Supreme Court.)... Idaho's lawmakers are setting the stage for a discriminatory legislative session by introducing a memorial on same-sex marriage—one that appears to question sound legal precedent."
What Happens Next
The proposal will return to the House State Affairs Committee for a public hearing. It is not yet known what date that will be.
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