MARRIAGE – States findings of the Legislature and calls upon 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, 1st Regular Session (2025)

Idaho memorial urges the U.S. Supreme Court to overturn Obergefell v. Hodges and restore the traditional one-man, one-woman marriage, returning marriage regulation to the states.

Introduced, read first time; referred to: State Affairs

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HJM 1 Summary — Idaho Joint Memorial

Overview

HJM 1 is a memorial filed by the Idaho Legislature (First Regular Session, Sixty-eighth Legislature) that urges the United States Supreme Court to reverse Obergefell v. Hodges (2015) and restore the traditional definition of marriage as a union between one man and one woman. It asserts that marriage is a state matter and calls for returning authority over marriage laws to the states and their citizens. It is classified as a joint memorial and does not itself change Idaho law.

Purpose and Intent

Reaffirms Idaho’s position that Obergefell v. Hodges is inconsistent with the U.S. Constitution and the Constitution’s original understanding of liberty.

Argues that liberty is freedom from government action rather than a right to a government entitlement, and contends Obergefell misdefines liberty and substantive due process.

Maintains that marriage has historically been, and should remain, defined by states, not the federal judiciary, citing United States v. Windsor as support for state-set marriage definitions.

Directs the Supreme Court to reverse Obergefell and to restore “the natural definition of marriage” (one man, one woman).

Calls for marriage-related laws to be enforced and governed by the states and the people, not by federal court rulings.

Requires the Chief Clerk of the Idaho House to forward the memorial to the Supreme Court.

Key Provisions

State that Obergefell v. Hodges is rejected and should be reversed.

Urge the Supreme Court to restore the traditional, natural definition of marriage.

Demand a return of marriage regulation and enforcement to the states and their citizens.

Authorization for the memorial to be sent to the Supreme Court.

Fiscal Impact

The accompanying fiscal note states there will be no impact on the general fund, other state funds, or local governments because there are no policy changes proposed by the memorial.

Affected Parties

Idaho Legislature (as memorialists) and the people of Idaho.

United States Supreme Court (as the recipient of the memorial and a target of the urging).

Broader discourse on marriage definitions and civil rights debates; potential indirect impact on public policy and religious liberty discussions.

Procedural History and Timeline

Introduced: January 7, 2025; referred to State Affairs.

House actions: Read first time (Jan 7), second reading (Jan 24), third reading and adoption (Jan 27) with a recorded vote; title approved and sent to Senate.

Senate actions: The document notes the memorial was received from the House (Jan 28) after House passage. The memorial’s status in the Senate is not detailed beyond the referral history.

The memorial is a formal expression of legislative sentiment, not a bill that changes statutes.

Contextual Notes

Obergefell v. Hodges (2015) mandated recognizing same-sex marriages nationwide, prompting state-level responses arguing for states’ rights.

Windsor (2013) is cited as upholding state control over marriage definitions.

The memorial frames the issue as a constitutional and philosophical dispute over liberty, federalism, and the proper role of courts versus legislatures.