Idaho's House of Representatives passed House Joint Memorial 17 on a 44-26 vote in March 2026, formally urging the U.S. Supreme Court to overturn its landmark 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage in all 50 states. The nonbinding resolution carries no legal force and does not change any existing marriage rights in Idaho, but it signals ongoing political tension around marriage equality in one of the nation's most conservative legislatures.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Idaho House passed HJM 17 urging SCOTUS to reverse Obergefell v. Hodges |
| Vote | 44-26 (17 Republicans joined all Democrats voting no) |
| When | March 2026 |
| Next step | Idaho Senate, which declined to vote on the identical 2025 version |
| Legal effect | Nonbinding — does not change any Idaho marriage law |
| Key precedent | Obergefell v. Hodges, 576 U.S. 644 (2015) |
What This Resolution Actually Does (and Does Not Do)
House Joint Memorial 17 is a legislative request, not a law. It asks the U.S. Supreme Court to reconsider Obergefell v. Hodges, the 2015 decision where the Court ruled 5-4 that the Fourteenth Amendment guarantees same-sex couples the fundamental right to marry. A joint memorial has no binding legal authority. It does not amend Idaho's constitution, repeal any statute, or restrict any marriage license currently recognized in the state.
The resolution passed with support from 44 House members, but the 26 opposing votes are notable. According to the Idaho Capital Sun, 17 Republicans broke ranks to vote against the measure alongside all Democratic members. That represents two more Republican defections than the identical 2025 version attracted, suggesting that even within Idaho's supermajority-Republican legislature, enthusiasm for this effort is weakening rather than growing.
The resolution now moves to the Idaho Senate. The Senate declined to take up the 2025 version, and there is no indication the 2026 Senate will act differently. Even if the Senate passes it, the memorial would simply be transmitted to the Supreme Court as a formal request — one the Court has no obligation to acknowledge or act upon.
How Idaho Law Currently Handles Marriage
Idaho marriage law is governed primarily by Idaho Code Title 32, Chapter 2, which sets out the requirements for obtaining a marriage license. Following Obergefell, Idaho began issuing marriage licenses to same-sex couples in October 2014, after the Ninth Circuit Court of Appeals struck down the state's ban in Latta v. Otter, 771 F.3d 456 (9th Cir. 2014).
Idaho's constitution still contains Article III, Section 28, a 2006 voter-approved amendment defining marriage as between a man and a woman. That amendment passed with approximately 63% of the vote. However, it has been unenforceable since 2014 under federal court orders and since 2015 under Obergefell. The provision remains in Idaho's constitution as dead-letter text — legally meaningless but symbolically significant to both supporters and opponents of same-sex marriage.
For divorce purposes, Idaho law treats all legally recognized marriages identically. Idaho Code § 32-603 establishes the grounds for divorce, and Idaho Code § 32-712 governs property division in divorce proceedings. Neither statute distinguishes between same-sex and opposite-sex marriages. Community property division, child custody determinations under Idaho Code § 32-717, and spousal maintenance under Idaho Code § 32-705 all apply equally regardless of the gender composition of the marriage.
Could Obergefell Actually Be Overturned?
The short answer is that it would require a new case reaching the Supreme Court and at least five justices voting to reverse the precedent. The current Court has not signaled any intent to revisit Obergefell, though Justice Clarence Thomas wrote in his 2022 Dobbs v. Jackson concurrence that the Court "should reconsider" substantive due process precedents including Obergefell. No other justice joined that portion of the opinion.
Congress passed the Respect for Marriage Act in December 2022, signed by President Biden with a 61-36 Senate vote that included 12 Republican senators. That federal law requires states to recognize marriages that were valid in the state where they were performed, providing a statutory backstop even if Obergefell were overturned. The Respect for Marriage Act does not require states to issue new same-sex marriage licenses, but it does require full faith and credit for existing marriages performed in any state.
If the Supreme Court were to overturn Obergefell — a scenario most constitutional scholars consider unlikely in the near term — the legal landscape would become complicated. Idaho's 2006 constitutional amendment could theoretically become enforceable again, potentially barring new same-sex marriage licenses in the state. However, the Respect for Marriage Act would still require Idaho to recognize same-sex marriages performed in states that continued to allow them.
For the roughly 4,500 same-sex married couples estimated to live in Idaho based on U.S. Census Bureau data from the 2020 American Community Survey, this creates genuine uncertainty. Their existing marriages would almost certainly remain legally valid under the Respect for Marriage Act, but questions about future marriage availability in Idaho would depend on whether the state legislature acted to repeal Article III, Section 28.
Practical Takeaways for Idaho Residents
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No marriage rights have changed. HJM 17 is a nonbinding resolution. Every same-sex marriage performed or recognized in Idaho remains fully legal today and will remain so unless the U.S. Supreme Court acts — which requires a new case, briefing, oral argument, and a majority opinion.
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The Respect for Marriage Act provides a federal backstop. Even in the unlikely scenario that Obergefell is overturned, the 2022 federal law (Public Law 117-228) requires all states to recognize marriages that were valid where performed. Existing same-sex marriages in Idaho would retain legal recognition.
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Idaho family law applies equally to all married couples. Community property division under Idaho Code § 32-712, child custody under Idaho Code § 32-717, and spousal maintenance under Idaho Code § 32-705 do not distinguish based on spouse gender. If you are currently going through a divorce in Idaho, this resolution changes nothing about your legal proceedings.
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Estate planning documents remain critical. Regardless of political developments, same-sex couples in Idaho should maintain updated wills, powers of attorney, healthcare directives, and beneficiary designations. These documents provide legal protections that do not depend on any single court ruling.
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Watch the Idaho Senate. The identical 2025 resolution died without a Senate vote. If the Senate again declines to act, HJM 17 expires at the end of the legislative session with no further effect.
Frequently Asked Questions
Is same-sex marriage still legal in Idaho after HJM 17 passed the House?
Same-sex marriage remains fully legal in Idaho. House Joint Memorial 17 is a nonbinding resolution — it does not change any law, repeal any statute, or restrict any marriage license. Obergefell v. Hodges (2015) remains the controlling federal precedent, and all 44 Idaho county clerks continue to issue marriage licenses to same-sex couples.
What would happen to existing same-sex marriages if Obergefell were overturned?
Existing same-sex marriages would retain legal recognition under the Respect for Marriage Act (Public Law 117-228), signed into federal law in December 2022 with bipartisan support. That statute requires every state to give full faith and credit to marriages valid in the state where they were performed, regardless of the spouses' sex.
Does Idaho's 2006 constitutional amendment banning same-sex marriage still exist?
Idaho's Article III, Section 28, approved by approximately 63% of voters in November 2006, remains in the state constitution as written. However, it has been unenforceable since the Ninth Circuit's 2014 ruling in Latta v. Otter and the Supreme Court's 2015 Obergefell decision. The amendment would require a separate repeal vote to be formally removed.
How does this affect same-sex divorce proceedings in Idaho?
This resolution has zero effect on divorce proceedings. Idaho family courts apply identical standards to all marriages. Community property division under Idaho Code § 32-712, child custody under Idaho Code § 32-717, and spousal maintenance under Idaho Code § 32-705 make no distinction based on spouse gender.
Has the U.S. Supreme Court indicated it will reconsider Obergefell?
The Supreme Court has not accepted any case challenging Obergefell as of March 2026. Justice Thomas suggested reconsidering the decision in his 2022 Dobbs concurrence, but no other justice joined that language. The Court would need a new case with proper standing and at least four justices voting to grant certiorari before any reconsideration could occur.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.