The bill is a joint resolution from the Montana Legislature that 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 same-sex 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.
Furthermore, the resolution expresses concerns about the implications of the Obergefell decision on religious liberty and the broader constitutional order. It argues that the decision represents an overreach of judicial power, as it imposes a definition of marriage that deviates from longstanding legal and cultural precedents. The Montana Legislature insists that the issue of marriage should be returned to the states and the people, and it directs the Secretary of State to send a copy of this resolution to the United States Supreme Court.