Idaho Rep. Heather Scott (R) files a memorandum urging the U.S. Supreme Court to reconsider Obergefell v. Hodges, the landmark 2015 decision that legalized same-sex marriage nationwide. did. The proposal, which aims to “restore federalism”, was reportedly discussed in the House State Affairs Committee. Minutes will be published on Tuesday.
why is it important
Federalism refers to the division of powers between the federal and state governments. The Supreme Court’s Obergefell decision established marriage equality as a federal constitutional right and required all states to recognize same-sex marriage. However, conservative Justices Clarence Thomas and Samuel Alito previously issued dissenting opinions saying the case needed to be reconsidered.
In recent years, the Supreme Court, now with a 6-3 conservative-liberal majority, has overturned longstanding precedent. In 2022, the court’s decision in Dobbs v. Jackson Women’s Health Authority overturned Roe v. Wade, a nearly 50-year-old decision that protected the federal government’s right to abortion.
Monument details
The draft, identified as RS 31836, was introduced by Congressman Scott, who serves as vice chair of the House State Affairs Committee. The full text of the draft is not available online, but a committee memo explains:
“Representative. Mr. Scott introduced RS 31836 and explained that the background and purpose of the proposed resolution is to reaffirm the power of states to regulate marriage. We encourage a reconsideration of Hodges v. Hodges with the aim of restoring federalism.
It is important to note that monuments are not legally enforceable. Instead, it serves as a formal communication or statement of intent from Congress.
The Obergefell decision passed by a narrow 5-4 margin, but has come under intense scrutiny since the court’s composition changed to a more conservative majority following three appointments by former President Donald Trump. There is.
Jennifer + Kelly: A rustic rural Idaho wedding
Federal protection for marriage equality
Despite efforts to challenge same-sex marriage rights, Congress Respect for Marriage Act The law, signed by President Joe Biden, ensures that all states must recognize both interracial and same-sex marriages. “This law guarantees marriage equality as a legal right across America,” Biden said at the time.
what’s next
The draft memorial will be returned to the House State Affairs Committee for a public hearing, but a date has not yet been announced. The proposal could spur further debate on marriage equality and federalism in Idaho and elsewhere.
Photo: Cheatwood Photography
Source: Equally Wed – LGBTQ+ Wedding Magazine and Wedding Vendor Directory – equallywed.com
