Idaho GOP Urges Supreme Court to Overturn Gay Marriage
high court’s ruling in the case of Obergefell v. Hodges an “illegitimate overreach.”Scott’s resolution asks the court to reinstate the “natural definition of marriage,” limiting the practice to heterosexual couples only.For a decade, conservatives have bemoaned the court’s decision, which struck down state-level bans on same-sex marriage as unconstitutional.
They complain that the court imposed a one-size-fits-all approach that promotes a particular ideological view of marriage.“The purpose of this resolution is just to affirm our state authority to regulate marriage,” Scott said at a hearing on January 7.
The committee moved Scott’s resolution forward, meaning it will receive a public hearing at a future date, reports the Idaho Statesman.If ultimately approved, the resolution would be sent to the Supreme Court.
However, the resolution is symbolic, and wouldn’t carry any legal weight or require the Supreme Court to reverse its ruling.However, other ongoing legal fights, such as one involving former Kentucky Clerk Kim Davis, in which the outspoken opponent of marriage equality has sought to avoid fines stemming from her refusal to permit same-sex couples to obtain marriage licenses, could eventually make their way to the high court.Davis’ lawyers, with the right-wing legal firm Liberty Counsel, have said it is their intention to appeal the case up to the Supreme Court and demand that the court overturn the Obergefell decision.At least two sitting Supreme Court justices, Clarence Thomas and Samuel Alito, have previously advocated for the high court to reconsider its decision in the Obergefell case.Alarmed by the confirmations of three Trump-appointed judges to the Supreme Court since the decision was issued — as well as the court’s willingness to reverse precedent in an abortion rights case — liberals have pushed for the federal government to protect the right of same-sex couples to marry.
