Idaho Representative Heather Scott, a Republican, has introduced a draft memorial urging the U.S. Supreme Court to revisit Obergefell v. Hodges, the landmark 2015 decision that legalized same-sex marriage nationwide. The proposal, aimed at “restoring federalism,” was discussed during a House State Affairs Committee meeting, according to minutes released Tuesday.
Why It Matters
Federalism refers to the division of powers between federal and state governments. The Supreme Court’s Obergefell decision established marriage equality as a federal constitutional right, requiring all states to recognize same-sex marriages. However, conservative Justices Clarence Thomas and Samuel Alito have previously signaled in a dissenting opinion that the case warrants reconsideration.
In recent years, the Supreme Court, with its current 6-3 conservative-liberal majority, has overturned longstanding precedents. In 2022, the Court’s decision in Dobbs v. Jackson Women’s Health Organization reversed Roe v. Wade, a nearly 50-year-old ruling that federally protected abortion rights.
Details of the Memorial
The proposed draft, identified as RS 31836, was introduced by Representative Scott, who serves as vice chair of the House State Affairs Committee. While the full text of the draft is not publicly available online, committee notes described it this way:
It is important to note that a memorial does not carry the force of law. Instead, it serves as a formal communication or statement of intent from the legislature.
The Obergefell ruling, which passed with a narrow 5-4 majority, has faced increased scrutiny since the Court’s composition shifted to a more conservative majority following three appointments by former President Donald Trump.
Federal Protections for Marriage Equality
Despite efforts to challenge same-sex marriage rights, Congress passed the Respect for Marriage Act in late 2022. Signed into law by President Joe Biden, the act ensures that all states must recognize both interracial and same-sex marriages. “This law guarantees marriage equality as a legal right across the nation,” Biden stated at the time.
What’s Next
The draft memorial will return to the House State Affairs Committee for a public hearing, though the date for this has not yet been announced. The proposal is likely to fuel further debates on marriage equality and federalism in Idaho and beyond.
Photo: Cheatwood Photography
The Future of Marriage Equality: Idaho Representative Proposes Reconsideration
