Idaho Same Sex Marriage

Idaho’s Dangerous Step Backward on Marriage Equality

Brittny Drye Founder + Editor-in-Chief of Love Inc. Magazine | On-Air Wedding Expert | LGBTQ+ Inclusivity in the Wedding Industry

Idaho's attempt to roll back marriage equality sparks outrage and raises alarm for LGBTQ+ rights.

Over ten years ago, I was covering marriage equality as it was excitedly being put into law, state-by-state. Then when it passed on a federal level in that landmark Obergefell v. Hodges decision in 2015, it felt like we had won. Of course, we still had a long way to go for true equality, but I didn't think that we'd ever take this many steps backward.

Yet, here we are, months away from celebrating 10 years of marriage equality in the United States, and it's once again being threatened. In a move that has shocked advocates for equality and human rights, Idaho Republican lawmakers recently introduced a resolution urging the U.S. Supreme Court to overturn Obergefell v. Hodges. The resolution, spearheaded by Representative Heather Scott, is the latest in a disturbing trend of legislative attacks on LGBTQ+ rights. It reflects a broader push by conservatives to roll back hard-won protections and recognition for same-sex couples. If successful, it would dismantle a decade of progress toward equality and create a legal precedent that could harm millions of families across the country.

Background: A Landmark for Love

The Obergefell decision was a transformative moment for the United States, finally recognizing the right of same-sex couples to marry as a fundamental part of equality under the Fourteenth Amendment. It gave LGBTQ+ people the ability to legally marry the person they love, regardless of gender, and provided critical legal protections and recognition to their families.

Before this ruling, states like Idaho actively banned same-sex marriage, relegating LGBTQ+ couples to second-class status. The Obergefell decision invalidated those discriminatory bans and affirmed that love, not outdated notions of tradition, defines marriage.

Idaho’s Attack on Equality

The resolution introduced by Scott is a thinly veiled attack on LGBTQ+ rights, couched in language about “state sovereignty.” Proponents claim that Obergefell represents federal overreach, with Scott stating that the Supreme Court “took the right away from the state to make decisions on marriage laws,” but in truth, the Court upheld the right of all Americans to marry freely.

A Stacked Supreme Court: The Real Threat

The resolution comes at a time when the U.S. Supreme Court has shifted significantly to the right, with three justices appointed by former President Donald Trump. Justices Clarence Thomas and Samuel Alito, who dissented in the original Obergefell case, have already indicated their willingness to revisit the decision when they overturned Roe v Wade. Thomas, in particular, has called for reconsidering rulings on same-sex marriage and other LGBTQ+ rights.

This dangerous judicial climate has emboldened far-right legislators, like those in Idaho, who see an opportunity to undo progress. If the Court were to revisit Obergefell, the consequences would be devastating: millions of families could lose the legal recognition and protections that marriage affords, from healthcare benefits to adoption rights.

Idaho’s Troubling History on LGBTQ+ Rights

Idaho has a long and troubling history of targeting the LGBTQ+ community. Before Obergefell, the state had one of the nation’s most restrictive bans on same-sex marriage. Even after the ruling, Idaho lawmakers have continued to propose discriminatory measures.

In 2023, for example, Idaho Senator Scott Herndon introduced legislation aimed at eliminating marriage licenses entirely, a poorly disguised attempt to avoid recognizing same-sex marriages. While the bill ultimately failed, it highlighted the persistent hostility toward LGBTQ+ rights within the state legislature.

This new resolution is just the latest chapter in Idaho’s ongoing discrimination campaign, and unfortunately, likely an initiative that will be replicated in other conservative states in the coming months.

Cover photo from Art Deco Wedding Inspiration in Boise

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