The House Joint Memorial 1 has raised concerns among LGBTQ+ Idahoans about its potential impact on adoption, visitation rights, and taxes. However, one legal expert says she doesn’t believe people should panic.
Marilyn Chinitz, a matrimonial attorney and partner at Blank Rome LLP, told the Sun that although people may worry the U.S. Supreme Court could reverse Obergefell v. Hodges as it did Roe v. Wade, she said the constitutional arguments behind the two cases are different. In Obergefell, the court ruled that states cannot deny same-sex couples the right to marry, basing its decision on both the due process and equal protection clauses of the 14th Amendment.
Additionally, in 2022, President Joe Biden signed the Respect for Marriage Act, which adds protections for interracial marriage and same-sex marriages. If the Supreme Court were to overturn Obergefell, the legality of same-sex marriage would revert to state law. While states like Idaho and Texas, which have pre-existing bans, would likely stop performing same-sex marriages, they would still be required to recognize marriages that were already legally performed under protections from the Respect for Marriage Act.
“If you do get married in one state, even though you live in a state that doesn’t recognize that marriage under federal law, it will be protected,” Chinitz said.
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This article was written by Mia Maldonado and was published in Idaho Capital Sun on February 17, 2025.
