The North Dakota Senate on Thursday rejected a measure that would have asked the U.S. Supreme Court to overturn its landmark 2015 ruling that legalized same-sex marriage nationwide.
A vote to approve would have made North Dakota the first state to make such an overture to the high court, after the state House passed the measure last month.
The resolution failed in a 16-31 Senate vote after about 10 minutes of debate.
Democratic Sen. Josh Boschee said in opposition, “I understand that this puts us all in a tough spot, but I ask you to think about who’s put in the toughest position with this resolution: the people of North Dakota who are the subject of the resolution … the gay and lesbian North Dakotans who did not ask to be the subject of this conversation, but the conversation was brought to us.”
Republican Sen. David Clemens supported the measure, saying that while the U.S. Constitution does not mention marriage, the North Dakota Constitution recognizes marriage as between a man and a woman. Clemens said he took an oath to uphold that document.
Several people in the gallery applauded when the measure’s defeat was announced.
Massachusetts-based MassResistance pushed the measure and ones in other states. The group called itself an “international pro-family group.” But it has been labeled an “anti-LGBTQ hate group” by the LGBTQ advocacy organization GLAAD.
Lawmakers in at least nine states have recently introduced measures to try to chip away at same-sex couples’ right to marry. Five of them, including North Dakota’s failed resolution, urge the Supreme Court to overturn its 2015 landmark same-sex marriage ruling.
During the traffic stop, an officer documented that Republican state Rep. Nico Rios became “verbally abusive, displaying homophobic, racially discriminatory behavior.
Recently, North Dakota state Rep. Nico Rios, a member of the Republican party, was arrested for DUI, and during the arrest, he reportedly made homophobic and xenophobic comments to the police.
On December 15, authorities arrested Nico Rios and issued citations for DUI, DUI refusal, and an open container, according to a Williston Police Department report.
The representative was pulled over around 11:30 p.m. after reportedly swerving between lanes, as stated in the report.
The police officers who initiated the stop then administered a Horizontal Gaze Nystagmus test, Walk and Turn test, and One-Leg-Stand test. During these tests, Rios allegedly exhibited “slurred speech and difficulty constructing sentences,” as outlined in the report.
In the report, one of the police officers noted that during the testing, Rios became.
An officer reported that Rios became “verbally abusive, homophobic, racially abusive, and discriminatory” during the tests, leading to his arrest when he refused to undergo a screening test.
“Irrespective of my state of inebriation, my conduct and words toward law enforcement that night were entirely unacceptable,” Rios stated in a comment to CNN. “Just two officers doing their job to keep the community safe when they encountered me on a night when I chose to act foolishly. They did nothing to warrant any form of disrespect. I owe it to myself, my district, and everyone, and I vow to ensure this never happens again.”
In the body camera footage released of the incident, Rios can be seen making the remarks while being transported to jail.
At the traffic stop, Rios can be heard using a homophobic slur and asking the officer about his accent. The officer responds that he is originally from England.
“You’re arresting me for driving home while people come into your country and rape your women? And I’m the bad guy?” Rios says after mentioning that the U.K. is being “taken over” by migrants.
Rios stated to the Associated Press that he was leaving a Christmas party before he was stopped and has “only received support from my colleagues, although a few have yelled at me, for sure I deserved it.”
The legislator was elected last year and currently serves on the House Judiciary Committee, a panel overseeing legislation related to law enforcement.
“Moving forward after this incident, I want to emphasize my complete and total commitment to supporting law enforcement,” Rios stated. “I messed up big time, and I am truly sorry.”
Republican House Majority Leader Mike Lefor stated to the AP that he hadn’t watched the video but had heard sufficient details about it.
He mentioned that he is assessing the available options and plans to have a discussion with Rios before providing further comments on the incident. Lefor didn’t disclose whether he had already requested Rios’s resignation.
“We are profoundly concerned about Rep. Rios’ reckless choice to drive under the influence and his comments to law enforcement officers,” stated North Dakota Republican Party Chairwoman Sandi Sanford in a text message to the news wire. “His actions do not reflect the values of the NDGOP.”
Rios is scheduled for a pretrial conference in municipal court on February 5th.
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