Republican urges Supreme Court to reject and overturn same-sex marriage

This blog is originally appeared at LGBTQ Nation

Democrats labeled it “yet another example” of GOP extremists “stirring up divisive social issues to create problems where none exist.”

Republicans in Idaho’s House of Representatives are contemplating a formal statement urging the U.S. Supreme Court to reverse its landmark 2015 ruling that legalized same-sex marriage.

The resolution, proposed by Republican state Rep. Heather Scott, characterizes the court’s decision as an “illegitimate overreach.” Scott’s proposal calls for the restoration of the “natural definition of marriage,” despite the fact that various forms of marriage, including same-sex unions, have existed throughout history.

Rep. Heather Scott stated that the purpose of her resolution is to “affirm our state authority to regulate marriage” during a Tuesday hearing.

The 2015 Supreme Court ruling in Obergefell v. Hodges legalized same-sex marriage nationwide, following decades of LGBTQ+ activism. At the time of the ruling, many states still had bans on gay marriage, despite growing public support for such unions.

The decision, made by a 5-4 vote, preceded the appointments of three conservative justices during the presidency of Donald Trump—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Justices Clarence Thomas and Samuel Alito have since called for a reconsideration of the Obergefell decision.

While Scott’s resolution holds no legal authority, it will be forwarded to the Supreme Court for consideration. The state committee advanced it on Tuesday, and a public hearing will be scheduled at a later date.

State House Minority Leader Ilana Rubel (D) and Senate Minority Leader Melissa Wintrow (D) dismissed Scott’s resolution as a “sad distraction,” criticizing it as another attempt by the far-right of the Republican Party to “gin up divisive social issues to create problems where none exist.” They emphasized that “big government has no business telling consenting adults who they should love.”

They added, “This resolution may be a helpful gimmick for winning in closed GOP primaries, but it should be offensive to all Idahoans who value their individual rights and freedoms and just want to live their lives without egregious government interference.”

In 2021, Rep. Scott compared Idaho’s mask mandate to Nazi Germany’s policies. Despite a federal judge ruling that Idaho’s ban on same-sex marriage violates the U.S. Constitution, the ban remains on the books. Recent polling shows that more Idahoans support same-sex marriage than oppose it.