North Dakota legislators have passed a resolution urging the U.S. Supreme Court to overturn the 2015 ruling establishing marriage equality nationwide. The resolution, introduced by Republican Rep. Bill Tveit, argues that same-sex couples shouldn’t be able to marry because they can’t reproduce. Tveit’s resolution passed the House of Representatives by a vote of 52-40 and is now awaiting consideration by the Senate.
This move follows similar resolutions in Idaho and a planned one in Michigan, but it is facing opposition from some lawmakers and LGBTQ+ advocates who argue that it sends a message of exclusion to LGBTQ+ individuals. Democratic Rep. Austin Foss, who is openly gay, expressed concerns that the resolution implies LGBTQ+ people are not welcome in the state.
The resolution claims that the landmark Obergefell v. Hodges decision redefined liberty in a way that the framers of the U.S. Constitution would not have recognized. It also asserts that the judicial branch should not legislate policy decisions, calling into question the legitimacy of the Supreme Court ruling on marriage equality.
President Joe Biden recently signed the Respect for Marriage Act into law, providing some protection for marriage equality at the federal level. However, some Supreme Court justices, including Alito, Thomas, Barrett, and Roberts, have expressed a desire to revisit and potentially overturn the Obergefell decision. Kim Davis, the infamous Kentucky politician who refused to issue marriage licenses to same-sex couples, is also continuing her legal battle to overturn the ruling.
Despite these challenges, LGBTQ+ advocates remain committed to defending marriage equality and ensuring that all individuals have the right to marry the person they love.
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