"House Joint Memorial 17 is a formal legislative request for the Supreme Court to overturn its 2015 decision in Obergefell v. Hodges. The measure argues that the decision establishing the constitutional right of same-sex couple to legally marry is "at odds with the Constitution of the United States and the principles upon which the United States is established.""
"The decision, it says, "relies on the dangerous fiction of treating the Due Process Clause of the Fourteenth Amendment to the Constitution as a font of substantive rights" which "strays from the full meaning of the Constitution." In its Obergefell ruling, the measure argues, the Court applied a definition of liberty that would not have been recognized by the country's founders."
"This time around, however, 17 Republican lawmakers joined House Democrats to vote against the measure, with three more Republican no votes than in 2025. Republican Reps. Dori Healey and Mike Pohanka, who both voted for House Joint Memorial 1 last year, both voted against the 2026 measure."
The Idaho House of Representatives passed House Joint Memorial 17 in a 44-26 vote, formally requesting the Supreme Court overturn its 2015 Obergefell v. Hodges decision that legalized same-sex marriage nationwide. The measure argues the ruling contradicts the Constitution and the founders' principles, claiming the Court improperly applied the Due Process Clause of the Fourteenth Amendment to establish substantive rights. The identical measure passed last year with stronger Republican support. This year, 17 Republican lawmakers joined Democrats in opposition, including three Republicans who previously voted for the measure, indicating shifting support within the party.
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