Representative Heather Scott wants U.S. to revisit same-sex marriage law

BOISE — On the second day of the 2025 legislative session, Rep. Heather Scott, R-Blanchard, proposed a joint memorial to reject the 2015 Supreme Court decision legalizing same-sex marriage nationally.

The House State Affairs Committee voted to introduce the bill, which clears the way for it to return for a full hearing.

Scott told the committee marriage laws are an intrinsic state right, claiming that Obergefell v. Hodges “undermined state sovereignty and disrupted the democratic process.”

The text of the memorial argues that Obergefell’s protections for same-sex couples violate individual state constitutions, calling the court’s decision an “illegitimate overreach” of state authority. The joint memorial is a request by the Legislature for action from another level of government, such as the U.S. Supreme Court.

The memorial goes on to name states’ rights issues as the key principle of interest, calling upon the U.S. Supreme Court to reverse the Obergefell decision and “restore the natural definition of marriage,” further resolving the Idaho Legislature’s intent to “restore the issue of marriage and all laws pertaining to marriage” back to the state.

The committee unanimously voted to introduce the memorial.

Same-sex marriage in Idaho predates the Obergefell decision, being legally recognized in the state since 2014, with the District Court for the District of Idaho finding Idaho’s existing statutory and constitutional bans on same-sex marriage unconstitutional in the case of Latta v. Otter. Despite this, the case did not change the text of Idaho’s Constitution, which defines marriage as only between a man and a woman.

Schwicht may be contacted at newsroom@idahopress.com