A new move by lawmakers in Idaho is fueling renewed debate about the future of same-sex marriage in the United States and whether the U.S. Supreme Court could eventually reconsider its landmark 2015 ruling that legalized gay marriage nationwide.
On Tuesday, the Idaho House of Representatives approved a resolution urging the Supreme Court to revisit its decision in Obergefell v. Hodges — the case that established a constitutional right to same-sex marriage across all 50 states.
The measure passed by a 44–26 vote, signaling strong support among Republican lawmakers for challenging the ruling that redefined marriage under federal constitutional law.
Although the resolution does not change current law, it reflects growing interest among some state leaders in asking the Supreme Court to reconsider the controversial decision.
Idaho Lawmakers Push Supreme Court Review
The proposal, known as House Joint Memorial 17 (HJM 17), was introduced by Republican State Representative Tony Wisniewski.
The resolution formally asks the Supreme Court to “restore the natural definition of marriage as a union between one man and one woman.”
Supporters argue that the Obergefell ruling created serious conflicts between federal law and religious freedom protections for individuals, businesses, and faith-based organizations.
During debate on the House floor, Wisniewski said the decision led to legal pressures on Americans whose religious beliefs conflict with same-sex marriage.
According to Wisniewski, the ruling “ultimately resulted in violations of religious rights for individuals and companies.”
Republican Support Drives The Vote
All 44 votes in favor of the resolution came from Republican lawmakers, while every Democrat in the chamber voted against it.
However, the vote also revealed some division within the GOP.
Seventeen Republicans joined nine Democrats in opposing the measure, showing that the issue remains politically sensitive even among conservative lawmakers.
Still, the resolution passed comfortably and now moves to the Idaho Senate for consideration.
Idaho’s Marriage Laws Before The Supreme Court Ruling
The debate over marriage laws in Idaho stretches back nearly two decades.
In 2006, Idaho voters approved a constitutional amendment defining marriage as a union between one man and one woman.
But that amendment was overturned in 2014, when a federal judge ruled the ban unconstitutional.
One year later, the U.S. Supreme Court issued its historic Obergefell v. Hodges decision, legalizing same-sex marriage nationwide and invalidating similar state laws across the country.
Since then, Idaho lawmakers have periodically introduced resolutions urging the Supreme Court to reconsider the ruling.
Supreme Court Has Declined To Revisit The Case
Despite several attempts by legal activists to challenge the ruling, the Supreme Court has so far refused to reopen the issue.
In November, the justices declined to hear a case brought by former Kentucky county clerk Kim Davis, who had asked the court to overturn the Obergefell decision.
Davis had previously refused to issue marriage licenses to same-sex couples after the ruling.
A lower court ruled against her, awarding damages to a couple who sued.
When the case reached the Supreme Court, the justices declined the appeal without explanation.
Justice Clarence Thomas Previously Suggested Reconsideration
However, one Supreme Court justice has publicly suggested the issue could return to the court in the future.
In 2022, following the Supreme Court’s decision to overturn federal abortion protections, Justice Clarence Thomas wrote that the court should reconsider several past rulings based on the concept of “substantive due process.”
Those cases included:
- Obergefell v. Hodges (same-sex marriage)
- Lawrence v. Texas (same-sex relationships)
- Griswold v. Connecticut (contraception rights)
Thomas argued the court should re-evaluate those precedents in future cases.
His comments sparked nationwide discussion about whether same-sex marriage could eventually face legal challenges again.
Critics Say The Measure Sends The Wrong Message
Democratic lawmakers in Idaho criticized the resolution, arguing that it targets families already legally married under current law.
Idaho House Minority Leader Ilana Rubel, a Democrat from Boise, said the proposal could be harmful to residents.
Rubel said the effort was “at best a waste of time and money,” adding that it sends a negative signal to same-sex couples living in the state.
She pointed out that thousands of same-sex couples in Idaho have been married for years, building families and communities since the 2015 Supreme Court ruling.
What Happens Next
The resolution now heads to the Idaho Senate, where lawmakers will decide whether to approve the request to the Supreme Court.
Even if the Senate passes the measure, it would only serve as a symbolic appeal to the court.
Same-sex marriage would remain legal nationwide unless the Supreme Court agrees to reconsider and overturn its 2015 decision.
Still, the Idaho vote highlights how the debate over marriage laws — and the power of the Supreme Court — continues to shape political discussions across the United States.