On Monday, the House of Representatives in Idaho demanded that the U.S. Supreme Court overturn the 2015 decision that granted same-sex couples the fundamental right to marry.
The Idaho House passed House Joint Memorial1 by a vote of 46–24 on Monday.
House Joint Memorial 1 states that the Idaho Legislature opposes the ruling of the U.S. Supreme Court in the case of Obergefell v. Hodges and urges the court to reinstate the natural definition of marriage, which is a union of one man and one woman, even though it lacks the legal power and effect of law.
A joint memorial is defined under the Idaho Legislature’s combined Senate and House rules as a petition or representation submitted to whoever can carry out the memorial’s request that is approved by the Senate or the House of Representatives.
It was sponsored by Rep. Heather Scott, R-Blanchard.
During her floor discussion, Scott stated, “I would ask you to substitute any other issue and ask yourself, Do I want the federal government creating rights for us, for Idahoans?” What if the federal government nationalized water rights or reinterpreted property rights? What would that entail if they developed a new fair use policy or alternative definitions for property rights? Judges have no say in it; the states have that authority.
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Scott stated twice during Monday’s House floor discussion that the states should have the last say over marriage. However, Scott’s memorial actually asks the Supreme Court of the United States, not the states, to define marriage as a union between a single man and a single woman.
Scott continued by saying that religious freedom is threatened by the Obergefell ruling. For instance, Scott claimed that photographers and cake decorators were under pressure to endorse unions that they personally disagreed with.
According to Scott, Christians are being targeted all over the country.
In the House, 15 Republicans vote against the same-sex marriage monument alongside all Democrats.
Despite the opposition of 15 House Republicans and all House Democrats, House Joint Memorial 1 approved on Monday by a resounding 46-24 vote.
Representative Todd Achilles, a Democrat from Boise, voted against the memorial after describing it as a sour letter that will be discarded.
Calling for the U.S. Supreme Court to overturn its decision that guaranteed same-sex couples the right to marry is extremely distressing for many LGBTQ+ Idahoans, said House Minority Leader Ilana Rubel, D-Boise. According to Rubel, one of her sons is gay, and he voiced worry that he wouldn’t be allowed to marry his long-term partner and remain in Idaho after learning about the House Joint Memorial 1.
Some of those people find that quite distressing, and it deters them from wanting to live here, Rubel added. These folks are decent. These are decent, law-abiding citizens who believe their legislature does not want them to be here or to have the same rights as everyone else.
House Republicans, who hold a supermajority, easily passed House Joint Memorial 1 by a vote of 46-24 in spite of opposition from both parties.
An amendment to the Idaho Constitution that defines marriage as a relationship between a single man and a single woman was approved by voters in 2006.
According to the Idaho Constitution, the only domestic legal union that will be recognized or valid in this state is a marriage between a man and a woman.
The Idaho Constitution’s ban on same-sex marriage was declared unconstitutional by a federal judge in 2014.
Then, in 2015, same-sex marriage became legal in Idaho with the U.S. Supreme Court’s decision in Obergefell v. Hodges.
House Joint Memorial 1 will be considered next to the Idaho Senate. Unlike a new legislation, the memorial does not need the governor’s signature if it is taken up and passed by the Senate.
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