Idaho lawmakers call on Supreme Court to revisit gay marriage ruling
In 2015, then President Barack Obama famously lit up the White House in rainbow colors after America's highest judicial body found a constitutional right to gay marriage.
Yet in a move which is sure to leave Obama raging, one state recently asked that the Supreme Court revisit its decision.
Idaho lawmakers says ruling was an example of "illegitimate overreach"
According to Newsweek, lawmakers in Idaho passed a resolution earlier this week which called upon the Supreme Court to overturn Obergefell v. Hodges.
The ruling concluded that laws which define marriage as exclusively involving one man and one woman are in violation of the 14th Amendment.
However, the Idaho House of Representatives voted 46 to 24 on Monday in favor of House Joint Memorial 1, which asked that the Supreme Court reverse its holding.
"Since court rulings are not laws and only legislatures elected by the people may pass laws, Obergefell is an illegitimate overreach," the resolution was quoted as saying.
"The Idaho Legislature calls upon the Supreme Court of the United States to reverse Obergefell and restore the natural definition of marriage, a union of one man and one woman," it added.
"The federal government does not have the authority to just create rights"
The measure was sponsored by Republican state Rep. Heather Scott, who told her colleagues, "The federal government does not have the authority to just create rights."
"Just because you may agree with their decision and how they define marriage as a right, I would ask you to substitute any other issue and ask yourself, 'Do I want the federal government creating rights and for us, for Idahoans?" she continued.
"So what if the federal government redefined property rights or nationalized water rights? What does that look like if they came up with some new fair use policy or came up with different ways to define property rights?" Scott asked.
As she drew to a close, Scott asserted that such matters are "not a decision for the judges" but should instead be left up to state legislators.
Justice Clarence Thomas raised questions about Obergefell
Newsweek pointed out how when writing his 2022 concurring opinion in Dobbs v. Jackson Women's Health Organization, Justice Clarence Thomas suggested that Obergefell was wrongly decided.
"In future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," he wrote.
"Because any substantive due process decision is 'demonstrably erroneous,' we have a duty to 'correct the error' established in those precedents," Thomas asserted.