FFRF Action Fund’s “Theocrat of the Week” is Idaho state Rep. Heather Scott for her shameful resolution asking the U.S. Supreme Court to reverse marriage equality for same-sex couples.
Scott, representing Idaho’s 1st District, introduced House Joint Memorial 1 last month, a nonbinding resolution urging the U.S. Supreme Court to reverse its decision in Obergefell v. Hodges, which established nationwide marriage equality for same-sex couples in 2015. Obergefell, a 5-4 decision, ruled there is a constitutional right to same-sex marriage under the 14th Amendment, thereby overruling remaining state bans on gay marriage. The resolution that Scott has introduced asks the Supreme Court to “restore the natural definition of marriage, a union of one man and one woman.”
Scott’s resolution passed through the Idaho House by a 46-24 vote last week. Fifteen House Republicans laudably joined the chamber’s nine Democrats in opposing the resolution. If the Idaho Senate approves the resolution, the state would send a letter to the U.S. Supreme Court with its unusual request. The resolution would not change the law or revoke marriage equality in the state.
Scott collaborated on the resolution with MassResistance, a Massachusetts-based anti-LGBTQ-plus organization that considers homosexuality to be “open depravity … growing like a malignant tumor.” The group has been working in state legislatures nationwide to introduce similar resolutions.
At last week’s hearing on the resolution, Scott claimed that the Supreme Court Obergefell decision “is a threat to religious liberty. I don’t think marriage is a fundamental right.” Christian scripture and a conservative Christian understanding of morality were repeatedly referred to during the hearing. Three Christian pastors testified in favor of LGBTQ-plus rights in front of the committee while Republican legislators dissected their perspective and depicted marriage equality as incompatible with a biblical worldview. Dozens of demonstrators protested at the public hearing, filling the Capitol committee room before walking out the moment that Scott began to introduce the resolution.
The Supreme Court majority in Obergefell said the right to same-sex marriage is found in the Equal Protection Clause and the Due Process Clause of the 14th Amendment. Scott calls marriage a states’ right issue. House Minority Leader Ilana Rubel warned that the state sovereignty arguments echo those opposing interracial marriage, racial desegregation in schools and desegregation of public businesses.
Scott took to X last week, celebrating the resolution’s passage through the House as a “strong message to the Supreme Court on judicial activism.” If the U.S. Supreme Court did overturn Obergefell, remaining state laws banning same-sex marriage would go into effect. The Respect for Marriage Act, signed by President Biden in 2022, would still require the federal government and all states to recognize same-sex marriages performed in states where same-sex marriage is legal. However, it did not codify Obergefell into law.
Attacks on marriage equality are ramping up. County Clerk Kim Davis, who refused to issue or sign marriage licenses for gay couples after Obergefell, was ordered by a jury in 2023 to pay damages to a couple who sued the clerk. Davis appealed over the damages, arguing that Obergefell should be overruled. The 6th U.S. Circuit Court of Appeals heard her case last week, and a decision from the three-judge panel is pending. If the 6th Circuit rules against Davis, her team is prepared to appeal to the Supreme Court.
FFRF Action Fund condemns Scott and her resolution targeting same-sex couples. Scott’s brazen contempt for the LGBTQ-plus community and depiction of marriage equality as an attack on religious liberty and state sovereignty are disgraceful.
FFRF Action Fund is a 501(c)(4) organization that develops and advocates for legislation, regulations and government programs to preserve the constitutional principle of separation between state and church. It also advocates for the rights and views of nonbelievers, endorses candidates for political office, and publicizes the views of elected officials concerning religious liberty issues.