(FaVS) — Idaho could become one of the first states to ban marriage for same-sex couples if the state’s legislative push to challenge federal protections succeeds.
The House State Affairs Committee voted 13-2 last week to advance House Joint Memorial 1, a formal petition to the U.S. Supreme Court that urges reversal of its 2015 Obergefell v. Hodges decision. That memorial passed the House with a 46-24 vote on Monday (Jan. 27) and now moves to the Senate.
Idaho’s Constitution contains a trigger ban that says same-sex marriages could immediately and automatically be outlawed if federal protections disappear.
“This is really a symbol and a statement to other states that there is a movement underfoot to get someone to bring an actual case to the Supreme Court to contest Obergefell,” said Julia Stronks, professor of political science at Whitworth University in Spokane, Washington. “If the court did overturn Obergefell and leave this issue to the states, I think we would see about a third of states follow what seems to be developing in Idaho.”
The Idaho Family Policy Center, a conservative Christian nonprofit supporting the memorial, says the U.S. Supreme Court overstepped its authority in 2015 and frames the issue of same-sex marriage as one of states’ rights and religious freedom.
“The U.S. Supreme Court ignored the law of God when it unconstitutionally required every state to recognize same-sex marriage. Idaho has remained complicit in those actions for too long,” said Edward Clark, a policy assistant for the center. “We wish to see a world where the state of Idaho is again permitted to acknowledge and enforce God’s design for marriage and family.”
He said the center’s hope is to see an Idaho where “God is honored, religious freedom flourishes and families thrive.”
The Idaho Capitol in Boise. (Photo by Brett Sayles/Pexels/Creative Commons)
Clark noted that the Idaho Constitution gives a clear definition of marriage, which reads, “A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.”
Religious leaders opposing the measure see it differently. The Rev. Josh Lee, who recently moved with his husband from New York to lead Boise First Congregational United Church of Christ, shared his personal journey with lawmakers at last week’s hearing.
He grew up in a conservative, evangelical Christian home and attempted conversion therapy before accepting his sexual identity, he explained. Even then, he chose celibacy before reaching “utter despair” in 2014.
“I was a pastor of a church in Kentucky and was suicidal, so angry with God. I saw friends get married and have kids. I thought I was going to be alone the rest of my life,” he said.
His faith was transformed, he said, when he discovered gay-affirming Christian communities. “While some Christians focus on saving people from hell to come, I’m committed to saving people from the hell they live in right now,” he said. “That’s why my husband and I chose to move to Boise — to advocate for the rights of LGBTQ people in this state.”
Members of his congregation — many who are straight — rallied behind him at the hearing. “I’m not going anywhere. My church isn’t going anywhere. The LGBTQ community isn’t going anywhere. We’re a resilient people who have fought for centuries to secure the rights we have, and we’ll fight like hell to ensure no one endures the hell we’ve endured,” he said.
Lee plans to send a copy of “God and the Gay Christian” to each of the 15 members on the House State Affairs Committee, with an invitation to have coffee and talk further.
Stronks said personal narratives such as Lee’s make an impact. “Personal stories are powerful in helping to change perspectives,” Stronks noted. “Those who choose to be active can make a difference, but they have to be active in a way that cares for those on the other side. Otherwise, it is just a battle for a majority and those battles do not end.”
The Rev. Sara LaWall of the Boise Universal Unitarian Fellowship also spoke at the hearing.
She warned of broader implications this memorial could have. “Conservative Christian nationalism is driving this agenda of hate, and if it starts to sweep across the country, it will have an impact,” she said.
Her church has responded by hosting “paperwork parties,” providing practical support for LGBTQ+ community members concerned about their rights. These events offer free notary services, legal guidance on power of attorney documents, custody arrangements, name changes and passport applications.
“We have to resist, stay loud, and at the same time turn to each other,” LaWall said. “Turn to communities of care and support, turn to loved ones, turn to religious communities who are welcoming and supportive of LGBT folks.”
