What the Measure Does
Introduced by State Rep. Tony Wisniewski (R), the memorial formally petitions the Supreme Court to reverse Obergefell v. Hodges, the landmark ruling that established a constitutional right to same-sex marriage. The measure claims the original decision contradicts the Constitution and relies on an overly broad interpretation of the Fourteenth Amendment's Due Process Clause, arguing that the founders would not have recognized such a right to liberty. House Joint Memorial 17 is nearly identical to House Joint Memorial 1, which the House passed in 2025. However, the Idaho Senate declined to vote on last year's version. This year, the measure advances to the Senate again, though passage there remains uncertain.Growing Republican Defections
Three Republican representatives who previously supported or remained silent on the issue changed course this time. Reps. Dori Healey and Mike Pohanka, both of whom voted for last year's memorial, voted no in 2026. Grayson Stone, serving as a substitute for a vacant House seat, also opposed the measure. Stone acknowledged his vote might damage his political standing but cited religious consistency as his reason, noting the difficulty of applying biblical principles selectively to lawmaking. Pohanka said his personal beliefs remain unchanged but that he represents all constituents and prioritizes actual legislation over measures that cause division.What Happens Next
Even if the Idaho Senate passes the memorial, it carries no legal force. The Supreme Court would not be obligated to act. Conservative Justices Clarence Thomas and Samuel Alito have signaled interest in revisiting the marriage ruling, but the Court declined to hear a related challenge last November. Justice Amy Coney Barrett has suggested Obergefell will endure because overturning it could undermine protections affecting medical, financial, and family rights beyond marriage.Source: LGBTQ Nation
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