Efforts are underway in North Dakota to introduce a resolution aimed at urging the U.S. Supreme Court to overturn its 2015 decision that legalized same-sex marriage across the nation. This initiative, spearheaded by Republican lawmakers, places North Dakota at the forefront of a movement that has also surfaced in a few other states this year. The resolution passed the state’s House of Representatives in February but now awaits approval from the Senate, where its future remains uncertain.
Proponents of the resolution argue that the Supreme Court’s ruling on same-sex marriage contradicts the Tenth Amendment and the state’s constitution and laws. Republican Rep. Bill Tveit, who is sponsoring the measure, emphasized that lawmakers swore to uphold both the U.S. and state constitutions. However, this position has drawn criticism from individuals like Laura Balliet, a North Dakota National Guard member and attorney, who expressed concerns about being unwelcome. As a married LGBTQ+ resident, she highlighted the negative message the resolution sends to her and others in the community who consider North Dakota their home.
The push for this resolution is mirrored by Massachusetts-based MassResistance, characterized by some as an “anti-LGBTQ hate group.” This organization is advocating for similar legislative moves in several states. While progress on such measures has been limited outside of Idaho and North Dakota, there have been increasing federal and state-level protections for same-sex marriage. Notably, some states have removed old constitutional amendments that defined marriage exclusively between a man and a woman.
The North Dakota resolution challenges the 2015 Obergefell v. Hodges decision, urging its repeal and a return to defining marriage as a union strictly between one man and one woman. This comes in light of recent Supreme Court decisions addressing other constitutional rights. Within the state legislature, some Republicans have expressed regret over their votes supporting the resolution, voicing concerns about the message it sends to those in same-sex marriages.
Democratic Sen. Ryan Braunberger, who is on the Senate panel reviewing the resolution and who is openly gay, criticized the measure as a step backward for North Dakota’s community and economic growth. Advocacy groups like the American Civil Liberties Union warn that the resolution risks breaching the Establishment Clause of the U.S. Constitution, as it attempts to define marriage through a specific religious context that does not encompass all beliefs.