Idaho House passes proposal urging U.S. Supreme Court to overturn same-sex marriage
BOISE, Idaho (KIFI) — The Idaho House has approved a controversial memorial calling on the U.S. Supreme Court to overturn its landmark 2015 ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide.
House Joint Memorial 17 passed Tuesday with a 44–26 vote. It now moves to the Idaho Senate, where a similar proposal, House Joint Memorial 1, died in committee during the previous legislative session.
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The Argument for State Sovereignty
The Memorial's sponsor, Rep. Tony Wisniewski (R-Post Falls), argues that the court's ruling overstepped the state's sovereignty and “ultimately resulted in a violation of religious rights of individuals and companies.”
His points were echoed in committee by Idaho Family Policy Center Policy Analyst Edward Clark, who argued that the Obergfell decision represents a violation of the U.S. Constitution.
"By seizing authority that was not enumerated to the federal government, and altering the definition of marriage. In the Obergefell decision, the US Supreme Court violated the Constitution," Clark told lawmakers. "The state of Idaho has a moral obligation to stand for truth and biblical marriage."
The memorial references Idaho’s Constitution, which was amended in 2006 to define marriage as between one man and one woman. However, in 2014, a federal judge ruled the amendment was unconstitutional, legalizing gay marriage in Idaho a year before it was legalized nationwide, as reported by the Idaho Capital Sun.
"Political Chopping Block"
Opponents have blasted the move as a direct assault on settled civil rights and a contradiction of the Idaho Republican Party's "small government" values. House Minority Leader Ilana Rubel (D-Boise) issued a sharp rebuke following the vote, accusing the Republican supermajority of hypocrisy.
"They claim to stand for freedom and limited government, yet they keep using government power to target LGBTQ+ Idahoans, strip away rights, and interfere in deeply personal decisions," Rubel stated.
“The bill’s sponsor has claimed that the constitutional protection of same-sex marriage ‘debases’ marriage and is ‘abhorrent’ to Christians, Jews, and Muslims. That rhetoric is offensive and dangerous, and it has no place in a state where every person should be treated equally under the law."
What Happens Next?
Even if the Idaho Senate passes the memorial, same-sex marriage will remain legal in Idaho under current federal law.
If passed, the measure would formally state that the Idaho Legislature rejects the Obergefell decision and urges the Supreme Court to reverse it. However, the Supreme Court is under no obligation to respond to or act upon a state memorial.
