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Controversial proposal to challenge same-sex marriage moves to Idaho House floor

BOISE, Idaho (KIFI) - A proposal to challenge same-sex marriage at the Supreme Court level is now moving to the Idaho House floor with a do-pass-recommendation. The motion passed the House State of Affairs committee Wednesday, in a 13 to 2 vote today after nearly two hours of testimonies.

Representative Heather Scott, R-Blanchard, introduced the "Memorial on who defines marriage" as this session's first piece of legislation

Same-sex marriage has been protected since 2015 when the U.S. Supreme Court ruled 5–4 in the landmark Obergefell v. Hodges decision.

Scott claims that the Supreme Court "exceeded it's constitutional authority in the decision legalizing same-sex-marriage." The memorial encourages the Supreme Court to revisit the Obergefell versus Hodges decision and reinstate the individual states' right to define marriage.

"It is not about defining marriage," Scott told members of the House State of Affairs committee. "It's about who should be defining marriage. Should it be the state, or should it be the federal government? Everyone's entitled to their own viewpoint on marriage. What we're encouraging is that these discussions happen within the state with our local people instead of, through the federal government."

"I don't think marriage is a fundamental right" says Scott

Much of the debate in the Wednesday morning session focused on whether or not "marriage" was a constitutional right.

Democrat Representative Theodore Achilles and Rep. Annie Morley made the argument that the debate around states rights in controversial issues like same-sex marriage has a negative history associated with it. They asked Scott how the state could justify discriminating against a same-sex couple whose rights are protected by the 14th amendment.

"Rights are unalienable and they come from God and they don't come from government," Scott said in part. "...I don't think marriage is a fundamental right."

Committee tackles theological debate

Reverend Josh Lee testifies before House State of Affairs committee

At least 21 people testified in Wednesday's hearing, Including several religious leaders, both for and against the "Memorial." Out of a large group of protesters, three Christian pastors testified in support of LGBTQ+ rights.

Reverend Josh Lee of the Boise First United Church of Christ told the committee his congregation has supported the LGBTQ community for the past 40 years.

"I knew growing up that I loved Jesus, I loved being a pastor, and I loved men," Lee told the members of the assembly. "Marriage has evolved throughout history, from a financial transaction to interracial marriage, and it is a social and legal institution that is adapted to cultural progress. The arguments for traditional marriage completely ignores this evolution over time.

"Instead of taking the rights away from people, I urge this legislature this morning to focus on the issues that truly impact Idahoans; like education, health care, and infrastructure."

In response to the testimonies, the protesting clergymen were asked to by Republican lawmakers about the scriptural justifications of their views.

"As a theologian, what is your core scripture to support your belief in homosexual marriage?," Republican Rep. Bruce  D.  Skaug asked Reverend Sarah Lual.

"Our core scripture is that all humans, all humans, were created in the image of God, and God called creation, Good," Reverend Lual responded. "...We allow each faith community to determine its own teachings on marriage. But the civil institution of marriage must remain inclusive and equal, free from discrimination rooted in theological disagreement."

'Mass Resistance' group supports resolution

A representative from the Massachusetts-based group offered support to Rep. Scott's motion. According to the Massachusetts-based group, representatives in North Dakota, Arizona, Wyoming, and Michigan are pushing similar memorials towards the United States Supreme Court.

On their website, Mass Resistance identifies itself as a "pro-family activist organization." The group has been classified as an anti-LGBTQ hate group by the Southern Poverty Law Center.

"People are born black, Hispanic or otherwise. They are not born homosexual," Mass Resistance field director Arthur Schaper said during Wednesday's meeting.

Resolution passes 13-2

In response to the testimony, Representative Achilles motioned for the Memorial to be held in committee dissenting members of the committee arguing that 2% percent of marriages in Idaho are same sex and the state is better for it. In addition, challenging same-sex marriage may put the state at odds with the newly inaugurated Trump administration.

"It's just going to be really tossed in the trash," said Achilles. "passage of this memorial puts Idaho in direct conflict with the new administration. President Trump's treasury nominee, Scott Parson, has been married to his husband since 2011, and they're raising two kids together. A secretary... who was confirmed yesterday by the Senate Finance Committee, chaired by our own senator Crapo, will be the highest ranking gay cabinet officer in the history United States."

Achilles motion failed 13-2. The bill has now been moved from committee to the House floor, to be debated upon on a later date.

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Seth Ratliff

Seth is a reporter for Local News 8.

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