Republican legislators in the state of Idaho have introduced a resolution urging the U.S. Supreme Court to overturn Obergefell v. Hodges, the landmark 2015 decision that established marriage equality nationwide.
The resolution, House Joint Memorial 1, argues that the Supreme Court overstepped its authority by mandating states to recognise same-sex marriages. It calls for a return to what proponents describe as the “natural definition” of marriage as being exclusively between one man and one woman—a concept they claim is rooted in tradition.
The nonbinding resolution, championed by the State Affairs Committee, asserts that decisions about marriage laws should be left to individual states rather than federal courts. While it does not have legal power, the resolution sends a clear message about the Idaho GOP’s priorities.
“The Idaho Legislature insists on restoring the issue of marriage and enforcement of all laws pertaining to marriage back to the several states and the people,” the resolution reads.
This move comes despite widespread support for marriage equality among Americans. A 2024 Gallup poll found that 69 percent of Americans, including majorities of Democrats, independents, and half of Republicans, support the legality of same-sex marriage.
Civil rights organisations have strongly criticised the resolution, labelling it an attack on equality.
“Extremist attacks have become de rigueur, and LGBTQ+ Americans are right to be concerned about their escalation,” said Sarah Warbelow, vice president for legal affairs at the Human Rights Campaign. “This cruel action by Idaho Republicans amounts to nothing more than shouting at the wind. 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.”
Passed in 2022 and signed into law by President Joe Biden, the Respect for Marriage Act ensures federal recognition of same-sex marriages and provides additional safeguards, even if a future Supreme Court overturns Obergefell.
Idaho’s resolution reflects a larger trend among conservative lawmakers aiming to roll back LGBTQ+ rights. Across the United States, Republican-led legislatures have introduced measures targeting transgender health care, drag performances, and other facets of LGBTQ+ life.
The resolution aligns with Justice Clarence Thomas’s remarks in his 2022 concurring opinion in the Dobbs decision that overturned Roe v. Wade. Thomas called for reconsidering cases like Obergefell as part of a broader critique of substantive due process, the legal principle that underpins not only marriage equality but also rights such as access to contraception.
While the resolution may not have legal implications, its introduction serves as a reminder of the ongoing political battles surrounding LGBTQ+ rights in the United States.
