Since 1793 when the US Supreme Court A request was denied To offer legal guidance on foreign relations from President George Washington, the Court’s justices have refrained from weighing it outside the context of formal litigation.
However, that hasn’t stopped lawmakers in Idaho. This week, a state House committee overwhelmingly approved. A resolution Calling for the Supreme Court to overturn Oberfell v. Hodges, the landmark 2015 decision that gave same-sex couples the right to marry, and give states the power to hand marriage back over.
The resolution would still need approval by the full House and the Idaho Senate before an application could be sent to the Supreme Court. Republicans control both houses in Idaho.
“Since judicial decisions are not law and only a legislature elected by the people can pass law, Obergefell constitutes an impermissible overreach,” the resolution reads. It continues: “The Idaho Legislature has asked the United States Supreme Court to reverse Oberfell and restore the natural definition of marriage, the union of one man and one woman.”
A Massachusetts-based organization called. Mass resistance The Idaho Statesman reported pushing for a resolution. The group describes itself as a “pro-family activist organization” and traces its roots to the marriage equality battles in Massachusetts, where a 2003 ruling by the state’s Supreme Judicial Court legalized same-sex marriage. had become
At a hearing in Idaho, the measure’s sponsor, Republican Representative Heather Scott, said it was important to make a statement about states’ rights.
“If we start down a path where the federal government or the judiciary decides they’re going to create rights for us, they can take away those rights,” he said.
According to local news reports, several dozen protesters filled the committee room before walking out in unison on Wednesday when Ms. Scott made the proposal.
“What is the purpose of this exercise?” said Mistie DelliCarpini-Tolman, Idaho director of Planned Parenthood Alliance Advocates, who lives not far from Boise with her wife. “It really feels like a value statement is being sent to the LGBTQ community in Idaho that they’re not welcome.”
Ever since the Supreme Court decided Roe v. By 2022, legal experts have said same-sex marriage is mandated. Can also be weak. The court’s two conservative justices, Clarence Thomas and Samuel Alito, have suggested that it be reconsidered.
Still, legal experts said Idaho’s approach — with a letter of request rather than an active legal case — was unlikely to carry weight.
“It’s just theater,” said Tobias Wolff, a law professor at the University of Pennsylvania. “I will leave it to others to decide what effect this may have as a political matter, but the Supreme Court will no more respond to a letter from the Idaho Legislature than it will to a letter from me.” Will answer.”
But supporters of the resolution said their efforts reflect the views of many residents of their state. In 2006, Idaho voters passed a Editing Limiting marriage between men and women according to state constitutions.
