(Boise, ID) The Idaho House of Representatives on Monday called for the U.S. Supreme Court to reverse the 2015 ruling that extended the fundamental right of marriage to same-sex couples.
On Monday, the Idaho House voted 46-24 to pass House Joint Memorial 1.
Although it does not carry the force and effect of law, House Joint Memorial 1 says the Idaho Legislature rejects the U.S. Supreme Court’s decision in the case of Obergefell v. Hodges and calls on the U.S. Supreme Court to “restore the natural definition of marriage, a union of one man and one woman.”
Joint Senate and House rules of the Idaho Legislature define a joint memorial as “A petition or representation made by the House of Representatives and concurred in by the Senate, or vice versa, addressed to whoever can effectuate the request of the memorial.”
Rep. Heather Scott, R-Blanchard, sponsored the memorial.
“I would ask you to substitute any other issue and ask yourself, ‘Do I want the federal government creating rights for us, for Idahoans,’” Scott said in her floor debate. “So what if the federal government redefined property rights or nationalized water rights? What does that look like if they came up with some new fair use policy or came up with different ways to define property rights? That is not a decision for the judges; it is a decision for the states.”
During debate on the House floor Monday, Scott repeatedly said marriage is a decision that should be left for the states to decide. But Scott’s memorial actually calls on the U.S. Supreme Court – not the states – to define marriage as a union of one man and one woman.
Scott went on to say the Obergefell decision poses threats to religious liberty. For example, Scott said cake-makers and photographers were pressured to support marriages they don’t personally agree with.
“Christians across the nation are being targeted,” Scott said.
15 Republicans join all Democrats in the House to vote against same-sex marriage memorial
All House Democrats and 15 House Republicans opposed House Joint Memorial 1, but it still passed with a comfortable 46-24 margin on Monday.
Rep. Todd Achilles, D-Boise, voted against the memorial after calling it nothing more than a grumpy letter that will be thrown in the trash.
House Minority Leader Ilana Rubel, D-Boise, said calling on the U.S. Supreme Court to strike down its ruling guaranteeing same-sex couples the right to marry is deeply upsetting to many LGBTQ+ Idahoans. Rubel said one of her sons is gay and when he heard about the House Joint Memorial 1 he expressed concern that he would not be able to marry his longterm partner and still live in Idaho.
“It’s deeply upsetting to some of those folks, and it makes them not want to live here,” Rubel said. “These are good people. These are good, law-abiding people who are feeling like their Legislature doesn’t want them here and doesn’t want them to be able to live the full rights that everybody else can.”
Despite opposition from both parties, House Republicans who control a supermajority were still able to comfortably pass House Joint Memorial 1 by a 46-24 vote.
In 2006, Idaho voters passed an amendment to the Idaho Constitution that defines marriage as a union between one man and one woman.
“A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state,” the Idaho Constitution states.
In 2014 a federal judge ruled the amendment to the Idaho Constitution blocking same-sex marriage was unconstitutional.
Then in 2015 the U.S. Supreme Court ruling in Obergefell v. Hodges legalized same-sex marriage in Idaho.
House Joint Memorial 1 heads next to the Idaho Senate for consideration. If the Senate takes the memorial up and passes it, it does not require the signature of the governor, like a new law would.
This story first appeared in Idaho Capital Sun.