Republican lawmakers in the Idaho state legislature are challenging established marriage equality rights.
ABC News reports that the Idaho House passed a resolution on Monday requesting the Supreme Court to reconsider its landmark 2015 Obergefell v. Hodges decision that legalized same-sex marriage nationwide.
The move follows Associate Justice Clarence Thomas's 2022 suggestion to revisit the Obergefell ruling, which he expressed in his concurring opinion on the Dobbs v. Jackson Women's Health Organization case. This development has sparked renewed debate about the future of marriage equality in the United States.
The resolution specifically targets the legal foundation of same-sex marriage rights established under the 14th Amendment's equal protection and due process clauses. Thomas's earlier dissent against same-sex marriage has emboldened state legislators to challenge the precedent.
The justice wrote in 2022:
In future cases, we should reconsider all of this court's substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is 'demonstrably erroneous,' we have a duty to 'correct the error' established in those precedents.
The Idaho House's challenge extends beyond marriage equality, potentially affecting other civil rights decisions. These include Lawrence v. Texas, which decriminalized same-sex relationships, and Griswold v. Connecticut, which protected access to contraception.
The 2022 Respect for Marriage Law provides some safeguards for same-sex couples, requiring states to recognize marriages performed where they are legal. However, this federal protection does not guarantee nationwide marriage rights if Obergefell is overturned.
Current polling shows strong public support for marriage equality, with a 2024 Gallup survey indicating 69% of Americans favor legal same-sex marriage.
Sarah Warbelow of the Human Rights Campaign dismissed the Idaho legislature's efforts. She stated:
This cruel action by Idaho Republicans amounts to nothing more than shouting at the wind. A majority of Americans of all political affiliations support marriage equality. Resolutions are not laws, and state legislatures lack the power to dismantle marriage equality. They cannot touch the guaranteed federal protections for same-sex couples under the Respect for Marriage Act.
LGBTQ+ communities across the country are taking precautionary measures in response to potential legal changes. Religious organizations like Rochester's First Universalist Church have organized mass wedding ceremonies to support same-sex couples. These events provide affordable marriage services while affirming LGBTQ+ identities during a period of increasing anti-LGBTQ+ rhetoric.
Local initiatives demonstrate ongoing community support despite legislative challenges. These grassroots efforts show a determination to preserve marriage equality regardless of potential legal changes. Religious institutions continue to perform same-sex marriages, maintaining their commitment to inclusivity.
The situation raises questions about states' rights versus federal protections. While state legislatures can pass resolutions, their practical impact remains limited by existing federal law. The Supreme Court's ability to revisit previous decisions requires new cases challenging established precedents.
The Idaho House resolution represents a significant challenge to marriage equality rights established in 2015. While state legislators argue for traditional marriage definitions, federal protections under the Respect for Marriage Act continue to safeguard same-sex unions. As communities organize supportive responses, the resolution's practical impact remains limited by existing legal frameworks and strong public support for marriage equality.
