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HJM 17

MARRIAGE – States findings of the Legislature and calls on the Supreme Court of the United States to reverse the decision in Obergefell v. Hodges and restore the natural definition of marriage, a union of one man and one woman.

68th Legislature, 2nd Regular Session (2026)

Idaho legislature urges Supreme Court to overturn same-sex marriage legalization and restore state-level marriage definition authority.

Introduced, read first time; referred to: State Affairs
#civilrights #constitution #courts #domesticrelations #federallawsandrelations #gender #government #memorials #religionandchurches
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Bill Summary · HJM 17

Legislative bill overview

HJM 17 is a joint memorial from the Idaho Legislature that calls on the U.S. Supreme Court to overturn Obergefell v. Hodges, the 2015 decision that legalized same-sex marriage nationwide. The memorial expresses the legislature's position that marriage should be legally defined as a union between one man and one woman, and asks the Supreme Court to reverse its prior ruling and return marriage definition authority to individual states.

Why is this important

This bill reflects ongoing constitutional debates about federalism, judicial authority, and civil rights protections. If similar measures gain traction across multiple states, they could signal political pressure on the Supreme Court regarding established precedent. The outcome of such disputes directly affects the legal status and recognition of same-sex marriages and family rights for millions of Americans.

Potential points of contention

  • Precedent and judicial authority: The bill challenges the binding nature of Supreme Court decisions. Overturning established precedent requires extraordinary circumstances and raises questions about constitutional stability and the Court's role.
  • Federalism vs. individual rights: Returning marriage definition to states could create a patchwork of inconsistent legal recognition across state lines, potentially denying equal protection under law to same-sex couples.
  • Religious and secular values conflict: The phrase "natural definition" reflects religiously-informed views on marriage, while opponents argue civil law should remain secular and protect diverse family structures equally.

Compiled from official sources — confirm details with the bill’s official record.

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