In 2015, the landmark Supreme Court case Obergefell v. Hodges legalized gay marriage nationwide. A decade later, arguments are taking place in the Idaho House that this should be overturned and that the power to regulate and restrict marriage should remain with the states.
Supporters of this resolution argue that it is constitutional to return this right to the states and to allow Idaho to make decisions regarding same-sex marriage. Democratic opposition argues that this is a gross overstepping of personal freedoms and individual rights, as the state government should not have a hand in consenting adults’ lives.
Originally proposed at the beginning of this month, the resolution has since been advanced to the House floor following an overwhelming 13-2 vote from the House State Affairs Committee in favor of reversing Obergefell, according to the Idaho Press.
During the initial hearing, resolution sponsor and State Representative Heather Scott gave her input regarding Obergefell, stating “What this decision did is it took the right away from the state to make the decision on marriage laws… Traditionally, that’s a state’s decision.” She argues that the resolution undermines the founding fathers’ vision for the United States “by declaring that citizens must seek dignity from the state.”
In a comment to the Idaho Statesman, Democratic Party leaders said, “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. Big government has no business telling consenting adults who they should love.”
They added, “[This resolution] should be offensive to all Idahoans who value their individual rights and freedoms and just want to live their lives without egregious government interference.”
As discussed in The Columbian, Idaho’s 2006 constitutional ban on same-sex marriage is still on record, supported by 63% percent of voters at the time of approval. In 2014, an Idaho federal judge ruled the state’s restriction was unconstitutional, violating the due process clause before the Obergefell decision broke a year later.
A 2024 Gallup article showed that support for marriage equality polled at 69% last year. This is only 2% lower than the record-high levels of support for the issue in 2022 and 2023.
Kristal
As a mother to someone who is married to the same sex I think we need to let it go! They are happy and in love!!!! They are not hurting anyone!!!!! I haven’t seen my child this happy in a very long time!!!! My child was married to the opposite sex and my child was so miserable it ended up in a divorce because my child had no desire to be with the opposite sex. My child told me it felt wrong and unsafe!!! My child found love and happiness! Please don’t take that away from anyone! We deserve to beloved and to love anyone we choose. We do not have the right to judge only our Heavenly Father does!!!