Resolution said decision to codify same-sex marriage was ‘at odds with the Constitution of the United States’
By Jordan Hansen, DAILY MONTANAN
A Senate joint resolution to oppose same-sex marriage and the 2015 Obergefell decision was tabled in the body’s Judiciary committee on Monday morning.
Republicans in the legislature sought to pass a formal resolution that Obergefell v. Hodges, the U.S. Supreme Court case that codified same-sex marriage into federal law, was “at odds with the Constitution of the United States and the principles on which the United States was established.”
Same-sex marriage became legal in Montana in 2014.
Senate Joint Resolution 15, brought by Sen. Rob Phalen, R-Lindsay, did not pass on a 4-4 vote, with Republican Sen. Sue Vinton of Billings joining Democrats in opposition.
The Senate Judiciary committee then tabled it on a 6-2 vote. The resolution had support from Republican leadership both in the House and the Senate.
It was opposed by more than 20 people who spoke, including SK Rossi, who was speaking on behalf of the Montana Coalition Against Domestic and Sexual Violence and themself.
“I don’t even know where to start,” Rossi said. “The state Capitol is a time machine, because I honestly feel like we’ve gone back 20 years.”
Rossi added: “I would say this issue is settled. I know that some people in this room don’t agree with that, but that’s the case.”
Rep. Zooey Zephyr, D-Missoula, also lent her voice to the discussion and spoke against the resolution in testimony. Zephyr, who is married to a woman, talked about her wedding.
“She started reading her vows, that very sacred moment where someone who loves you dearly makes a promise in all the ways that they will love you for the rest of your life. That is the most special moment in my life I’ve had so far,” said Zephyr, who is openly transgender. “And when the ‘I do’s’ happened and we kissed, my 9-year old stepson said that moment was the happiest he ever was, because that was the moment I became his stepmom for real.”
Montana voters in 2004 approved Initiative 96, which amended the state constitution and banned same-sex marriage in the state. A federal court struck down the law in 2014, but Obergefell would supersede the state constitutional initiative regardless.
MassResistance, which is designated as a hate group by the Southern Poverty Law Center, had representatives speak in support of the resolution. The organization is based in Massachusetts.
“There is no evidence that individuals are born homosexual,” said Arthur Schaper, a representative of MassResistance. “In fact, the normalization of same-sex relationships has brought serious public health problems.”
Research from the American Psychological Association has consistently shown being queer is not a choice and people cannot be turned straight.
Suggesting that non-straight people are responsible for health problems is language dating back to fear-mongering about HIV, according to the Human Rights Campaign. Data from the Center for American Progress has shown the LGBTQ+ community is disproportionately impacted by certain diseases and has dealt with decades of healthcare discrimination.
Derek Oestreicher, an attorney for Montana Family Foundation, spoke in support of the resolution.
“The Supreme Court has effectively vetoed the will of Montana,” Oestreicher said. “Many Americans and religious institutions hold deep faith-based convictions about marriage, and Obergefell led to increasing conflict between religious freedom and government mandates.”
Phalen ended the defense of his bill by reading John 3:16, a Bible verse that essentially says Jesus died for everyone’s sins. He then told the crowd that God does love them.
He proceeded to suggest children with gay parents were worse off than they’d be if they had heterosexual parents.
“Redefining marriage has made fathers and mothers optional, and the children suffer as a result,” Phalen said. “Homosexual conduct is inherently destructive and a misuse of organs, like the shoving of a straw up one’s nose to drink or using one’s elbows to scratch one’s ears.”
While same-sex couples can experience discrimination, studies have shown there’s little evidence the gender makeup of parents has much of an impact on their ability to parent.
In favor if the resolution were Republican Sens. Barry Usher of Billings, Vince Ricci of Billings, Theresa Manzella of Hamilton, and Dan Emrich of Great Falls.
Opposing the bill were Vinton and Democratic Sens. Andrea Olsen of Missoula, Cora Neumann of Bozeman, and Laura Smith of Helena.
