North Dakota lawmakers are currently considering a resolution that would make the state the first to call on the U.S. Supreme Court to overturn its 2015 ruling legalizing same-sex marriage nationwide. The resolution, introduced by Republican Rep. Bill Tveit, argues that the ruling went against the Tenth Amendment, the North Dakota Constitution, and state laws.
Opponents of the resolution, including attorney Laura Balliet, who married her wife in 2020, feel unwelcome and judged by the measure. Massachusetts-based MassResistance is behind the push for similar resolutions across the country, but efforts in most states have not progressed far.
While there have been efforts in some states to protect and affirm same-sex marriage, such as repealing old constitutional amendments and passing federal laws, the North Dakota resolution seeks to define marriage as between one man and one woman, invoking a religious perspective.
Some legislators who initially voted for the resolution have expressed regret, realizing the harm it does to same-sex couples. Democratic Sen. Ryan Braunberger, who is gay, believes the measure sends a dangerous message that could hinder the state’s population growth and economy.
The resolution has been criticized for potentially infringing upon the Establishment Clause of the U.S. Constitution by imposing a specific religious view on marriage. The ACLU’s North Dakota chapter argues that by defining marriage in this way, lawmakers are taking a stance that could impact future legislation.
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