Senate Joint Resolution No. [insert number] calls on the United States Supreme Court to reverse its 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. The resolution argues that the Obergefell decision contradicts the U.S. Constitution and the foundational principles of individual liberty, asserting that the framers of the Constitution would not recognize the definition of "liberty" as it pertains to government-sanctioned marriage. It emphasizes that marriage has historically been defined as a union between one man and one woman and claims that the Supreme Court's ruling undermines the rights of states to regulate marriage according to their own constitutions and the will of their voters.
The resolution further contends that the Obergefell decision represents an overreach of judicial power, as it imposes a new definition of marriage that deviates from longstanding legal and cultural precedents. It calls for the Montana Legislature to reject the Supreme Court's ruling and insists on returning the authority over marriage laws to the states and the people. Additionally, the resolution directs the Secretary of State to send a copy of this resolution to the United States Supreme Court.