By Logan Monteleone
Business and Distribution Manager
In late Jan. of 2025, the Idaho state legislature issued a letter to the Supreme Court arguing the interpretation of Obergefell v. Hodges is unconstitutional and that the definition of a legal marriage should be limited to the union of a man and woman.
Many representatives and political figures do not believe that the letter, titled House Joint Memorial 1, carries much legal potential. However, members of the LGBTQ+ community in Idaho are faced with an unnerving lack of support and safety.
According to Newsweek, this concern extends to same-sex couples nationwide, as many fear that the overturning of Roe v. Wade in 2022set a precedent for conservatives to reinterpret rights provided by the due process and equal protection clauses of the Fourteenth Amendment.
While the memorial does not change Idaho state law, it represents a disconcerting rise in confidence among right-wing politicians who feel emboldened to push anti-LGBTQ+ agendas with the support of the new administration alongside the conservative majority in the Supreme Court.
Possibly the largest and most worrying proponent for overturning protections from landmark cases is Supreme Court Justice Clarence Thomas, who, according to Newsweek, feels that “the majority opinion stretched the doctrine of substantive due process rights…too far” in Obergefell.
“It’s important to note that this memorial is not a law; [it] is a way to send a public message about the legislature’s sentiment on this issue,” reporter Brady Caskey said in a broadcast by Idaho News 6.
Idaho State Director for Planned Parenthood Alliance Mistie DelliCarpini-Tolman testified against the letter in the House, according to the News 6 broadcast.
“It’s strange to me that in 2025 there are people in the legislature that hate the LGBTQ+ community so much that they are trying to take us backward in this way,” DelliCarpini-Tolman said. “Even if this letter does nothing, even if the Supreme Court throws it away, this is sending a message to the LGBTQ+ community in Idaho that are already feeling attacked.”
According to the Idaho Capital Sun, Idaho State Representative Heather Scott called Obergefell “a threat to religious liberty” as it “target[s]” Christians, such as those who work in various industries associated with weddings, who are “pressured to support marriages they don’t personally agree with.”
Scott’s argument represents a dangerous revival of rhetoric used during the publicized controversy surrounding the Cakeshop v. Colorado decision concerning the extent to which religious beliefs can excuse discrimination.
As DelliCarpini-Tolman said of her own same-sex marriage, “I don’t understand how our marriage affects somebody so greatly.”
According to the Idaho Capital Sun, the Idaho Constitution contains an amendment that declares the union between a man and woman as the only “valid or recognized” state of marriage, even though a federal judge declared it unconstitutional in 2014.
Such discriminatory, close-minded conceptions of what constitutes love should not be given legal influence, and it is frightening to consider the possibility of challenging Obergefell in a way that would return the power to define legal unions to states. 
According to the 19th News Fellowship, similar sentiments are felt by women who have faced limited access to abortion care since 2022 in regards to the devastating consequences of oppressive legislation.
The Respect for Marriage Law 2022 acts as a “limited remedy” if the Supreme Court were to overrule precedents that protect the right to same-sex and interracial marriages, however, according to ABC News “the court could take up a future case on the issue.” While it is important not to panic, LGBTQ+ people should be aware of the potential for further actions like that encouraged by the Idaho House.
Additionally, individuals who are worried for themselves, their friends, and their families should stay informed by following reliable news coverage and can become involved with activist groups like the Human Rights Campaign.
Photo courtesy of Wikimedia Commons.
Photo Caption: Idaho legislators call marriage to be constitutionally defined as between a man and women, threatening the historic Obergefell v. Hodges ruling.