Similar efforts — which would not have any direct sway with the nation's top courts — have been introduced in a handful of states this year. North Dakota's resolution passed the Republican-led House in February but still requires Senate approval, which is not assured.
“The original Supreme Court ruling in 2015 went totally against the Tenth Amendment, went totally against the North Dakota Constitution and North Dakota Century Code (state laws),” sponsor Republican Rep. Bill Tveit said. “Why did I introduce it? Every one of us in this building took an oath to uphold the Constitution of the United States and the state.”
Massachusetts-based MassResistance, which describes itself as an “international pro-family group” but has been labeled "anti-LGBTQ hate group” by a pro-homosexual group, is pushing the resolution across the country.
Massachusetts became the first state to recognize same-sex marriage, in 2004. Over the next 11 years, most states began to recognize it through laws, ballot measures or court decisions before the Supreme Court made it legal nationwide.
Outside of Idaho and North Dakota, the measures have not progressed far, according to an analysis of legislation collected by the bill-tracking service Plural.
The North Dakota measure states that the Legislature “rejects” the 2015 Obergefell v. Hodges decision and urges the U.S. Supreme Court “to overturn the decision and leave unaddressed the natural definition of marriage as a union between one man, a biological male, and one woman, a biological female.”