Idaho Republican lawmakers have formally called on the Supreme Court to overturn Obergefell v. Hodges, the landmark 2015 ruling that established marriage equality as a constitutional right. On Monday, the Idaho House of Representatives passed House Joint Memorial 1, a resolution urging the justices to reverse the decision and “restore the natural definition of marriage, a union of one man and one woman,” as reported by Newsweek. The measure passed with a 46-24 vote, with all nine House Democrats and 15 Republicans opposing it.
Though the resolution does not carry legal weight, it signals growing efforts among conservatives to challenge Supreme Court precedents on LGBTQ+ rights, as noted by The Independent. The resolution now moves to the Republican-controlled Idaho Senate for further consideration. If approved, it will not require the governor’s signature.
The push to revisit Obergefell comes amid broader conservative efforts to challenge landmark Supreme Court decisions. The Court’s 2022 ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and allowed states to ban abortion, has heightened concerns that other constitutional rights based on substantive due process—such as marriage equality, contraception access, and protections for LGBTQ+ individuals—could be at risk.
Justice Clarence Thomas explicitly called for reconsideration of these precedents in his concurring opinion in Dobbs, stating that cases like Obergefell, Lawrence v. Texas (which decriminalized LGB relationships), and Griswold v. Connecticut (which protected contraceptive access) were “demonstrably erroneous” and should be reexamined.
State Representative Heather Scott, a Republican who sponsored the resolution, argued that the federal government does not have the authority to create new rights. “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 for us?’” Scott said during the House debate, as reported by Newsweek.
Democratic lawmakers strongly opposed the resolution, warning that it sends a hostile message to LGBTQ+ residents. House Minority Leader Ilana Rubel shared that her son, who is gay, expressed fear about whether he would be prevented from marrying his partner in Idaho. “Not everybody in Idaho understands that this doesn’t have legal impact. It’s deeply upsetting to those folks, and it makes them not want to live here,” she said, as reported by the Idaho Capital Sun.
A 2024 Gallup poll found that 69% of Americans support marriage equality, though partisan divides remain stark. While 83% of Democrats support marriage equality, only 46% of Republicans do.
The petition has been met with protests across the LGBTQ+ community, with advocates pushing back against efforts to undo marriage equality. In Idaho, dozens of LGBTQ+ rights supporters gathered at the State Capitol on Sunday to protest the legislative petition urging the U.S. Supreme Court to overturn its landmark marriage equality ruling. “One day, I want to marry someone that I love just as much as my counterparts,” said rally organizer Cole Lancaster, as reported by KTVB.
If the Idaho Senate approves the resolution, the state’s request will be formally sent to the Supreme Court. However, the Court is not obligated to act on the request. With its 6-3 conservative majority, the Court’s future stance on Obergefell remains uncertain.