After dozens of individuals walked out of the room in protest, Rep. Heather Scott, R-Blanchard, presents House Joint Memorial 1 to the Idaho House State Affairs Committee on Jan. 22, 2025, at the Statehouse in Boise. (Photo by Mia Maldonado/Idaho Capital Sun)
A legislative petition asking the U.S. Supreme Court to reconsider its 2015 decision that legalized same-sex marriage is heading to the Idaho House floor.
After nearly two hours of testimony, House Joint Memorial 1 passed the Idaho House State Affairs Committee in a 13-2 vote on Wednesday, receiving support from all the Republicans on the committee and opposing votes from its two Democrats. The memorial is addressed to the U.S. Supreme Court and pushes to restore the authority of defining marriage to the states. It asks the court to reconsider its 2015 decision in Obergefell v. Hodges that legalized same-sex marriage.
Sponsor Rep. Heather Scott, R-Blanchard, said its purpose is to restore states’ rights.
“We’re sending this clear message from Idaho,” Scott told the committee. “We don’t want our laws and our constitution trampled on, and it should be our decision what we want to do in a state.”
A memorial is not a bill, and its passage in both chambers would not carry the weight of the law.
Supporters of memorial discuss faith, states’ rights
Four people testified in favor of the legislation, citing their Christian faith and belief that Obergefell v. Hodges undermines states’ rights.
“Defining marriage is a state issue as it is not enumerated in our federal constitution,” Katherine Hartley said, an attorney the Pacific Justice Institute, a nonprofit legal group focused on defending faith and family issues.
Former Rep. Julianne Young, R-Blackfoot, also testified in support of the memorial. She said she was testifying on behalf of her faith and herself as a woman, wife and mother.
“I believe that the state of Idaho should have the opportunity to choose to align their policy with these timeless truths,” Young told the committee.
Others who testified included representatives from anti-LGBTQ+ organization Mass Resistance and conservative Christian Idaho Family Policy Center.
Support outnumbered by opposition, LGBTQ+ community
Upon Scott’s introduction of the memorial, dozens of individuals walked out of the committee room in protest of the legislation, and 17 people testified against the legislation— including individuals in the LGBTQ+ community, health care providers, students and religious leaders.
Opponents and the two Democrats on the committee pushed back against Scott’s idea that the memorial is focused on states’ rights.
“During the Jim Crow era, segregation was justified based on states’ rights,” Rep. Todd Achilles, D-Boise, told Scott. “And as a nation, we addressed those discriminatory state laws in the wake of the Civil War with the 14th Amendment … Where do we draw the line? If we can justify in Idaho that we can discriminate against a same-sex couple, then who else is open to discrimination?”
The Rev. Josh Lee, a pastor at Boise First United Church of Christ, opposed the legislation, sharing his experience as a Christian and gay man.
“I knew growing up that I loved Jesus, I loved being a pastor, and I loved men, and I had no idea how these three things could ever coexist in the world,” Lee said. “It took me many years to figure that out.”
Lee said he went to conversion therapy three different times in high school, and had contemplated his own suicide before meeting other Christians who supported the LGBTQ+ community, he said. Coming from New York, he said he moved to Idaho with his husband to advocate for the rights of LGBTQ+ people.
“Instead of taking the rights away from people, I urge this Legislature this morning to focus on the issues that truly impact Idahoans, like education, health care and infrastructure,” he said.
Koii Lauritsen, a Hailey resident, also testified in opposition to the legislation, sharing with the committee that he was raised by a lesbian couple.
“My mothers sat through every terrible school play and elementary Christmas concert,” he said. “They taught me how to ride a bike, they taught me how to throw a ball, how to drive stick and how to shave.”
Lauritsen asked the committee to set aside its concerns over state rights’ and think of his family.
“I will not ask that you understand, embrace or even accept my family, but I will ask that you show it and others like it the respect they deserve, because my lesbian parents deserve as much respect as any other two people who are trying to live the American dream,” he said.
The memorial now heads to the floor of the Idaho House of Representatives for consideration. If the House votes to pass the memorial, it would be sent next to the Idaho Senate for consideration.
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