This concurrent resolution urges the Supreme Court of the United States to overturn its 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. The resolution argues that the ruling contradicts the U.S. Constitution and the foundational principles of the nation, asserting that liberty should be understood as freedom from government interference rather than as a right to government-sanctioned entitlements. It contends that the decision undermines the inherent dignity of individuals as articulated in the Declaration of Independence and misinterprets the due process clause of the Fourteenth Amendment, which the resolution claims has led to an erosion of religious liberty and state rights regarding marriage.
Furthermore, the resolution highlights that marriage has historically been defined as the union of one man and one woman, a definition supported by South Dakota voters in a 2006 initiative. It criticizes the Obergefell decision for disregarding this definition and for being influenced by the personal biases of two justices who officiated same-sex weddings, suggesting that their involvement compromised the impartiality required in judicial proceedings. Ultimately, the resolution calls for the Supreme Court to revisit and overturn the Obergefell ruling to rectify what it views as an overreach of judicial authority.