- North Dakota could become the first state to formally challenge Obergefell v. Hodges
- Republican lawmakers cite constitutional conflicts; LGBTQ+ advocates warn of discrimination
- At least two legislators publicly regretted their votes amid public backlash
- National advocacy groups clash over religious liberty versus equality principles
- 22 states have strengthened marriage protections since 2020, creating legal tension
North Dakota’s Republican-led legislature ignited a firestorm this week as it advanced a resolution urging the Supreme Court to revisit its 2015 same-sex marriage decision. The measure, which passed the House in February, argues the Obergefell ruling violated states’ rights under the Tenth Amendment. Sponsor Representative Bill Tveit claims the resolution fulfills lawmakers’ constitutional oath, but critics counter that it targets vulnerable communities for political gain.
The proposal has drawn sharp criticism from legal experts and business leaders alike. Laura Balliet, a North Dakota National Guard attorney married to her wife since 2020, testified that the measure makes LGBTQ+ residents feel unwelcome. Economic development officials warn such legislation could hinder workforce recruitment efforts, particularly in tech and healthcare sectors where diversity initiatives prevail. Minnesota’s recent population growth through LGBTQ+-friendly policies offers a regional contrast.
Republican Representative Matt Ruby’s public reversal highlights growing internal dissent. After voting for the resolution, Ruby acknowledged his error, stating: My yes vote suggested your marriage isn’t valid – that’s not my belief.This about-face mirrors broader Republican Party tensions between religious conservatives and younger, more inclusive voters. Political analysts note similar resolutions in Idaho and Texas have stalled, suggesting North Dakota’s effort may face constitutional hurdles.
Legal scholars emphasize the resolution’s symbolic nature but warn of tangible consequences. Cody Schuler from ACLU North Dakota notes: Defining marriage through specific religious lenses risks violating the Establishment Clause.The state’s 2023 attempt to restrict transgender healthcare resulted in costly lawsuits, a cautionary tale for policymakers. Meanwhile, Virginia’s pending marriage equality constitutional amendment demonstrates alternative legislative approaches gaining traction nationwide.
As the Senate prepares to vote, national advocacy groups have descended on Bismarck. MassResistance, labeled a hate group by GLAAD, supports the resolution, while local PFLAG chapters organize phone banking campaigns. The outcome could influence similar measures in five other states considering marriage law revisions. With 68% of Americans supporting same-sex marriage according to 2023 Gallup data, North Dakota’s move places it at odds with national trends, potentially affecting its congressional representation and federal funding eligibility.