BOISE, Idaho — A memorial has been introduced in the Idaho Statehouse that, if passed, would ask the Supreme Court to reconsider its 2015 decision in "Obergefell v. Hodges," the case that legalized same-sex marriage nationwide.
"The ultimate issue here is that this is an area best left to the states," said Rep. Tony Wisniewski, who introduced the measure in the House State Affairs committee on Monday.
As part of the reasoning behind the memorial, Rep. Wisniewski cited an amendment to Idaho's Constitution, which states, "A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state." The amendment, which was put to a vote in 2006, was approved with 64% in support.
"That amendment did not define marriage. It only reiterated what had been in existence through all cultures, through all time— that marriage is a sacred duty between a man and a woman," Rep. Wisniewski added.
Rep. Monica Church questioned whether a memorial was necessary because of Idaho's existing Constitution.
"So if, in fact, the Supreme Court overturned Obergefell, we would go back to our state constitution, [which] would be the overarching document. So I'm not sure that we necessarily need to have this memorial because we already have it in our state constitution," Rep. Church debated.
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Rep. Wisniewski argued, however, that the Supreme Court decision invalidates Idaho's Constitutional amendment.
"So in effect, it's a zombie feature in our Constitution that has been nullified. So it is important that we get Obergefell decision overturned. Or at least revisited," he argued.
Rep. Church also argued that the Supreme Court decision was about due process and tax conformity.
"I think we get really bogged down in this about this being something about gay marriage. It really is, and if you read the opinions of the case about due process, [about] equal protection under the law." She continued, "I think that we all have to be treated equally under the law, and if marriage is a contract, that we get all this cool stuff like tax breaks and inheritance and our PERCY benefits transferring over. If it is in law, then everybody has to have that same opportunity if other states and the federal government recognize it."
Rep. Wisniewski maintained that there are other ways to grant couples certain protections.
"I believe it's probably equally true that those sorts of protections could be granted to individuals in some kind of partnership arrangement without calling it marriage. And I would stand on that. There are many ways to get those rights of inheritance benefits, pensions, those sorts of things, without calling a union between a man and a man or a woman and a woman, a marriage," he concluded.
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Rep. Annie Haws also highlighted individual rights gained through marriage.
"As it relates to the state, marriage is a contract that gives people rights. Rights to go into a hospital to, you know, make decisions for their loved ones. Rights to participate in civic life, the same rights that we all have. And, my comment is that I believe that, in Idaho, we are independent, and we are freedom-loving people. And we should preserve those rights that people have to take care of the people they love, regardless of the sex of their partner," Rep. Haws argued.
Ultimately, the House State Affairs Committee advanced the memorial for printing, only striking a few lines from the text. It will be assigned a number and introduced once again in the House State Affairs Committee.
In the 2025 legislative session, Rep. Heather Scott introduced a similar memorial, urging the Supreme Court to reverse Obergefell V. Hodges and restore all laws and enforcement pertaining to marriage back to the states. That memorial passed the House, but later stalled in a Senate Committee.
