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Senate
Concurrent
Resolution
3
-
Introduced
SENATE
CONCURRENT
RESOLUTION
NO.
3
BY
SALMON
A
Concurrent
Resolution
relating
to
the
decision
by
the
1
Supreme
Court
of
the
United
States
in
Obergefell
v.
2
Hodges
.
3
WHEREAS,
the
decision
by
the
Supreme
Court
of
the
4
United
States
in
Obergefell
v.
Hodges
,
576
U.S.
644
5
(2015),
is
at
odds
with
the
Constitution
of
the
United
6
States
and
the
principles
upon
which
the
United
States
7
is
established;
and
8
WHEREAS,
liberty
has
long
been
understood
as
9
individual
freedom
from
governmental
action,
not
as
a
10
right
to
a
particular
governmental
entitlement;
and
11
WHEREAS,
Obergefell
invokes
a
definition
of
liberty
12
that
the
framers
would
not
have
recognized,
rejecting
13
the
idea
captured
in
the
Declaration
of
Independence
14
that
human
dignity
is
innate,
and
instead
suggesting
15
that
liberty
comes
from
the
government;
and
16
WHEREAS,
when
the
framers
proclaimed
in
the
17
Declaration
of
Independence
that
“all
men
are
created
18
equal”
and
“endowed
by
their
Creator
with
certain
19
unalienable
Rights”,
the
framers
referred
to
a
vision
20
of
mankind
in
which
all
humans
are
created
in
the
image
21
of
God
and
therefore
of
inherent
worth;
and
22
WHEREAS,
Obergefell
undermines
this
vision
by
23
declaring
that
citizens
must
seek
dignity
from
the
24
state;
and
25
WHEREAS,
Obergefell
relies
on
the
dangerous
fiction
26
of
treating
the
Due
Process
Clause
of
the
Fourteenth
27
Amendment
to
the
Constitution
of
the
United
States
as
28
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S.C.R.
3
a
font
of
substantive
rights,
a
doctrine
that
strays
1
from
the
full
meaning
of
the
Constitution
of
the
United
2
States
and
exalts
judges
at
the
expense
of
the
people
3
from
whom
they
derive
their
authority;
and
4
WHEREAS,
Obergefell’s
inversion
of
the
original
5
meaning
of
liberty
causes
collateral
damage
to
other
6
aspects
of
our
constitutional
order
that
protect
7
liberty,
including
religious
liberty;
and
8
WHEREAS,
the
Supreme
of
the
United
States
recognized
9
in
United
States
v.
Windsor
,
570
U.S.
744
(2013),
that
10
the
definition
of
marriage
is
“an
area
that
has
long
11
been
regarded
as
a
virtually
exclusive
province
of
12
the
States”,
meaning
that
Iowa,
and
not
the
Supreme
13
Court
of
the
United
States,
has
the
right
to
regulate
14
marriage
for
Iowa
citizens;
and
15
WHEREAS,
Obergefell
requires
states
to
issue
16
marriage
licenses
to
same-sex
couples
and
to
recognize
17
same-sex
marriages
in
complete
contravention
of
their
18
own
state
constitutions,
state
statutes,
including
19
Iowa
Code
section
595.2,
and
the
will
of
state
voters,
20
thus
undermining
the
civil
liberties
of
those
states’
21
residents
and
voters;
and
22
WHEREAS,
marriage
as
an
institution
has
been
23
recognized
as
the
union
of
one
man
and
one
woman
for
24
more
than
2,000
years,
and
within
common
law,
the
basis
25
of
the
United
States’
Anglo-American
legal
tradition,
26
for
more
than
800
years;
and
27
WHEREAS,
Obergefell
arbitrarily
and
unjustly
28
rejected
this
definition
of
marriage
in
favor
of
a
29
novel,
flawed
interpretation
of
key
clauses
within
the
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Constitution
of
the
United
States
and
our
nation’s
1
legal
and
cultural
precedents;
and
2
WHEREAS,
since
court
rulings
are
not
laws
and
3
only
legislatures
elected
by
the
people
may
pass
4
laws,
Obergefell
is
an
illegitimate
overreach;
NOW,
5
THEREFORE,
6
BE
IT
RESOLVED
BY
THE
SENATE,
THE
HOUSE
OF
7
REPRESENTATIVES
CONCURRING,
That
the
General
Assembly
8
of
the
State
of
Iowa
rejects
the
decision
of
Obergefell
9
v.
Hodges
;
and
10
BE
IT
FURTHER
RESOLVED,
That
the
General
Assembly
of
11
the
State
of
Iowa
calls
upon
the
Supreme
Court
of
the
12
United
States
to
reverse
the
Obergefell
decision,
and
13
restore
the
natural
definition
of
marriage,
a
union
of
14
one
man
and
one
woman;
and
15
BE
IT
FURTHER
RESOLVED,
That
the
General
Assembly
16
of
the
State
of
Iowa
insists
on
restoring
the
issue
17
of
marriage
and
enforcement
of
all
laws
pertaining
to
18
marriage
back
to
the
several
states
and
the
people;
and
19
BE
IT
FURTHER
RESOLVED,
That
copies
of
this
20
concurrent
resolution
shall
be
distributed
to
the
21
Supreme
Court
of
the
United
States.
22
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