Since 1793, the U.S. Supreme Court has generally refrained from providing legal guidance on foreign relations, adhering to a principle that limits its involvement to matters arising within the context of formal lawsuits.
Recently, this approach has not dissuaded lawmakers in Idaho. A State House committee has unanimously approved a resolution urging the Supreme Court to overturn Obergefell v. Hodges, the pivotal 2015 ruling that legalized same-sex marriage in the United States, and to reassign the regulatory authority over marriage to the states.
For this resolution to advance further, it requires the endorsement of the full Idaho House and the State Senate, both of which are currently controlled by Republican members.
The resolution argues that court decisions should not be considered laws and emphasizes that only elected legislatures have the authority to enact laws.
It claims that Obergefell represents an inappropriate overreach and calls on the U.S. Supreme Court to reverse the decision, advocating for the “natural definition of marriage” as a union between one man and one woman.
On Wednesday, Representative Heather Scott (R-Blanchard) articulated a defense of the proposed measure, asserting that it pertains to states’ rights rather than the definition of marriage.
“Rights are inalienable, and they are derived from a higher authority rather than government.
Should we embark on a path where the federal government or the judiciary seeks to establish rights for us, it follows that they may likewise revoke those rights,” stated Scott.
Furthermore, she expressed her belief that marriage does not constitute a fundamental right. During the public comment segment, Mistie DelliCarpini-Tolman addressed the potential implications of repealing same-sex marriage on her family, specifically her wife and children.
“In the event of my incapacitation, would my wife be compelled to contest her right to make medical decisions on my behalf?” she inquired.
“In the event that this law is enacted, would my children risk losing their health insurance? Would our family be deprived of the essential dignity that accompanies recognition of our identity?”
Tolman added, “We are families built on love just as any other. I implore you not to allow my family to be a victim of political machinations.
We merit the same love, dignity, and protections afforded to everyone else.” The majority of public comments expressed opposition to the resolution.
Rep. Todd Achilles (D-Boise) pushed back on the language of the text, saying it claimed to defend liberty while stripping it away from same sex couples.
