Bill > HCR6010

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 *Obergefell* conflicts with the Constitution, misinterprets "liberty" as a government entitlement rather than freedom from government action, and wrongly suggests that human dignity originates from the government instead of being inherent. It also claims the decision improperly uses the Fourteenth Amendment's due process clause to create new rights, undermines religious liberty, and usurps the states' traditional authority to define marriage, as previously acknowledged by the Supreme Court itself in *United States v. Windsor*. The resolution further asserts that *Obergefell* disregards the historical definition of marriage as a union between one man and one woman and that two justices in the majority should have recused themselves due to potential conflicts of interest. Ultimately, the resolution contends that *Obergefell* represents an illegitimate judicial overreach, as only elected legislatures should create laws.

Justice

https://sdlegislature.gov/#/Session/Bill/26463