Urging the Supreme Court of the United States to overturn the decision in Obergefell v. Hodges.
Impact
The resolution seeks to reaffirm South Dakota's definition of marriage as solely the union between one man and one woman, a definition that was codified by voters in a 2006 initiative. Advocates of HCR6010 contend that Obergefell improperly usurped state authority, ultimately undermining the democratic process by overriding the will of the people. This change could have significant implications for how states can manage family law and related societal issues within their jurisdictions, potentially leading to further legal debates about state versus federal rights.
Summary
HCR6010 is a Concurrent Resolution introduced in the South Dakota Legislature urging the Supreme Court of the United States to overturn the landmark 2015 decision in Obergefell v. Hodges. This Supreme Court ruling legalized same-sex marriage nationwide and is perceived by supporters of HCR6010 as having infringed upon the rights of states to regulate marriage according to their own laws and voter mandates. The resolution articulates concerns that the Obergefell decision distorts the foundational principles of American liberty and misinterprets the U.S. Constitution, particularly regarding due process rights.
Contention
Notably, HCR6010 raises various points of contention surrounding the integrity of the Supreme Court and the judiciary's role in interpreting constitutional rights. Proponents argue that the decision in Obergefell is not only judicial overreach but also threatens religious liberties by forcing states and individuals to recognize same-sex marriages contrary to their beliefs. Opponents of HCR6010 likely view the resolution as an attempt to roll back civil rights progress and could pose challenges both politically and socially within the state and beyond.
Applying to the United States Congress for a convention of the states to propose amendments to the United States Constitution regarding the imposition of fiscal restraints on the federal government, further limiting the power and jurisdiction of the federal government, and limiting the terms of office for members of Congress and other federal officials.
Applying to the United States Congress under Article V of the United States Constitution to call for a convention for proposing an amendment to the constitution establishing congressional term limits.
Urging the United States Congress and the President of the United States to remove the requirement of a project labor agreement for federal construction projects.
Urging the Trump-Vance administration and Office of Management and Budget to uphold the Reagan administration policy of government-to-government relations with tribal nations.
Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, clarifying that an individual must be a citizen of the United States to be eligible to vote.
Affirming the state's rejection of carbon dioxide pipelines and urging President Donald Trump to avoid interfering with the Summit Carbon Solutions carbon dioxide pipeline through exercise of federal eminent domain powers.
A resolution to support the Obergefell decision and to reaffirm the definition of marriage as put forth by the founding principles including the separation of church and state.