Scotus overturn gay marriage
Idaho Republican legislators call on SCOTUS to reverse queer marriage ruling
The Idaho Home passed a resolution Monday calling on the Supreme Court to reconsider its decision on same-sex marriage equality.
The court’s Obergefell v. Hodges decision established the right to same-sex marriage under the equal protection clause and the due process clause of the 14th Amendment.
The resolution comes after Associate Justice Clarence Thomas’s expressed interest in revisiting the Obergefell conclusion in his concurring view on the Supreme Court's landmark opinion on Dobbs v. Jackson Women's Health Organization that overturned the federal right to abortion.
Thomas, who issued a dissenting opinion in against queer marriage, wrote in , "In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is 'demonstrably erroneous,' we have a duty to 'correct the error' established in those precedents."
Lawrence v. Texas over
At a convention for Southern Baptist church members in promptly June, delegates endorsed legislation calling for a ban on same-sex marriage and urged legislators to support them in this goal.
Although homosexual marriage is currently protected in all 50 states due to the judgment in Obergefell vs. Hodges in , Justice Clarence Thomas has said he would like to "reconsider" that decision if a similar case were ever to before the court again.
He also said he would be open to reconsidering Lawrence vs. Texas which legalized gay sex, and Griswold vs. Connecticut which legalized access to contraception, as these cases were built on similar case law to Roe vs. Wade, which legalized the right to an abortion nationwide, was overturned in
Why It Matters
The Southern Baptist church is the U.S.' largest protestant denomination, and their endorsement of political causes has sway with GOP politicians, as they are a consistent Republican-voting base. Speaker of the Home Mike Johnson is one of the country's most potent Southern Baptists.
This ring to eliminate gay marriage comes amid
Some Republican lawmakers increase calls against gay marriage SCOTUS ruling
Conservative legislators are increasingly speaking out against the Supreme Court’s landmark decision on same-sex marriage equality.
Idaho legislators began the trend in January when the state House and Senate passed a resolution calling on the Supreme Court to reconsider its decision -- which the court cannot do unless presented with a case on the issue. Some Republican lawmakers in at least four other states like Michigan, Montana, North Dakota and South Dakota possess followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the articulate House with a vote of and is headed to the Senate. In South Dakota, the state’s House Judiciary Committee sent the proposal on the 41st Legislative Day –deferring the bill to the final day of a legislative session, when it will no longer be considered, and effectively killing the bill.
In Montana and Michigan, the bills have yet to face legislative scrutiny.
Resolutions have no legal command and are not binding statute, but instead allow legislati
A decade after the U.S. legalized gay marriage, Jim Obergefell says the clash isn't over
Over the past several months, Republican lawmakers in at least 10 states have introduced measures aimed at undermining homosexual marriage rights. These measures, many of which were crafted with the assist of the anti-marriage equality group MassResistance, seek to ask the Supreme Court to overturn Obergefell.
MassResistance told NBC News that while these proposals meet backlash and wouldn’t transform policy even if passed, keeping opposition to lgbtq+ marriage in the widespread eye is a beat for them. The organization said it believes marriage laws should be left to states, and they question the constitutional basis of the 5-to-4 Dobbs ruling.
NBC News reached out to the authors of these state measures, but they either declined an interview or did not respond.
“Marriage is a right, and it shouldn’t depend on where you live,” Obergefell said. “Why is queer marriage any different than interracial marriage or any other marriage?”
Obergefell’s journey to becoming a leader for same-sex marriage rights