The Idaho House of Representatives is urging the Supreme Court to reverse its 2015 ruling on same-sex marriage.
According to House Joint Memorial 1, Idaho “calls upon the Supreme Court of the United States to reverse the decision in Obergefell v. Hodges and restore the natural definition of marriage, a union of one man and one woman.” The resolution passed in a 46-24 vote. The Idaho Senate will now consider the measure.
Idaho State Rep. Heather Scott (R), who sponsored the measure, said during the hearing, “The federal government does not have the authority to just create rights out of thin air. Just because you may agree with their decision and how they define marriage as a right, I would ask you to substitute any other issue and ask yourself, ‘Do I want the federal government creating rights and for us, for Idahoans?'”
“So what if the federal government redefined property rights or nationalized water rights?” she asked. “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.”
Supreme Court Justice Clarence Thomas suggested the court revisit the Obergefell v. Hodges decision in his 2022 opinion on Dobbs v. Jackson Women’s Health Organization.
“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,” he wrote.
