Lawmakers in North Dakota are on the verge of becoming the first state to formally request the U.S. Supreme Court reconsider and rescind its decision that legalized same-sex marriage nationwide, a landmark ruling established nearly a decade ago. This initiative, although having no direct impact on top federal courts, reflects growing sentiments within certain states seeking change. A resolution backing this effort has already been approved by the Republican-majority House but still awaits final consent from the Senate, where its future is uncertain.
The measure’s chief proponent, Republican Representative Bill Tveit, argues that the 2015 ruling infringes upon the Tenth Amendment and does not align with the North Dakota Constitution and state laws. “Taking the oath to uphold the Constitution at both national and state levels motivates this resolution,” Tveit mentioned.
Conversely, this legislative move leaves residents like Laura Balliet, a North Dakota National Guard member and attorney, feeling alienated. Balliet shared her concerns with the Senate panel, expressing that the resolution undermines her worth and that of her fellow community members, specifically targeting her marriage to her wife, which took place in 2020. “This sends a message that people like myself aren’t welcome here,” she remarked, showing discontent and a desire for inclusivity.
The nationwide campaign for this resolution is largely driven by MassResistance, a Massachusetts-based organization describing itself as “pro-family” but criticized by LGBTQ+ advocacy groups for its stance. Despite efforts in various states, Plural’s legislative analysis indicates little progression, with similar resolutions showing any substantial advancement in North Dakota and Idaho alone.
In contrast, there have been legislative strides towards strengthening same-sex marriage rights, such as a federal law established in 2022 and individual state actions from California to Virginia that have promoted more inclusive definitions of marriage.
The North Dakota resolution seeks to annul the 2015 Obergefell v. Hodges decision, advocating for the recognition of marriage solely as a union between one biological male and one biological female. It reflects sentiments from the 2022 Supreme Court case addressing abortion rights, where Justice Clarence Thomas suggested revisiting precedents on marriage.
Notably, after the resolution’s passage in the House, several Republican legislators expressed regret over their affirmative votes, with Representative Matt Ruby admitting his support was misplaced, understanding too late the resolution’s exclusionary implications against same-sex marriages.
However, some, such as Republican Representative Dwight Kiefert, justified their support based on personal religious convictions that interpret marriage as biblically established between a man and a woman.
Democrats, including openly gay Senator Ryan Braunberger, criticize the resolution as a deterrent to progress and economic growth. He scrutinized its potential impact on attracting diverse talent crucial for North Dakota’s development.
Cody Schuler, from the American Civil Liberties Union of North Dakota, highlighted potential constitutional issues the resolution could pose by intertwining religious beliefs with legislative action, thereby challenging the Establishment Clause. Encouraging the Senate to reconsider, Schuler emphasized that defining marriage through such a narrowly-religious view could ultimately reflect poorly on legislative intent and state inclusivity.
