In Idaho, same-sex marriage is under attack. A recent resolution passed by an Idaho House committee has fanned the fires of debates over same-sex marriage. The resolution asked the U.S. Supreme Court to overturn Obergefell v. Hodges, a monumental case from 2015 that ruled for same-sex marriage nationwide. In addition, the case took the authority to regulate marriage from individual states, making the federal government responsible for such decisions. The formal request to the Supreme Court to overturn Obergefell v. Hodges must still be approved by the full House and Senate however.
Supporters of the resolution argue that the Supreme Court overstepped its constitutional powers in Obergefell v. Hodges, saying that marriage laws should be determined by state legislatures rather than federal courts. They claim that allowing the judiciary to create rights could set a precedent for future overreach into state affairs. Others view the effort as a way to reaffirm the state’s stance on marriage, referencing a 2006 Idaho constitutional amendment that defined marriage as a union between a man and a woman.
Opponents of the resolution see it as simply a symbolic move made by Idahoan Republicans that will not change existing laws on gay marriage. However, the opposition to LGBTQ+ rights is concerning. They argue that the 14th Amendment guarantees equal protection under the law, and that the Supreme Court already determined in Obergefell that same-sex marriage falls under these protections. It is obvious to see why many may be angered about the message this resolution sends to Idaho’s LGBTQ+ community.
Despite the resolution passing in committee, many legal experts explain that it is unlikely to have a direct impact, as the Supreme Court would not reconsider rulings based on legislative requests. Instead, the Supreme Court would need a new case challenging same-sex marriage laws to revisit the issue, similar to how Roe v. Wade was overturned in 2022 after a new case was brought up.
If Obergefell were overturned in the future, Idaho could potentially reinstate its ban on same-sex marriage. This would directly affect couples in the state and could impact students and staff at Boise High who have LGBTQ+ family members or relationships. While the resolution has yet to change current law, it has sparked discussion about the balance between state and federal authority, and how legal decisions impact communities across Idaho.
