State Capitol (Sarah Heinrich, KFGO)
By: Michael Achterling
BISMARCK, N.D. (North Dakota Monitor) – The North Dakota House of Representatives passed a resolution Monday proclaiming the interpretation of marriage as between one man and one woman.
The measure passed on a 52-40 vote and will advance to the Senate for its consideration.
House Concurrent Resolution 3013, sponsored by Rep. Bill Tveit, R-Hazen, urges the U.S. Supreme Court to overturn its 2015 decision in Obergefell v. Hodges, which has protected same-sex marriage for the last decade.
Tveit told lawmakers that marriage had always been between a man and a woman until 10 years ago and said the country would not be able to perpetuate itself without men and women having children.
“As you are well aware, two cannot conceive or birth a child except for coming together of a female and a male,” Tveit said. “Based on the laws of nature, it’s just that simple.”
While the Supreme Court does have the ability to interpret laws, the resolution states, it doesn’t give justices the power to “legislate from the bench to enact policy decisions.”
“If same-sex couples desire a collaborative union of a sort, or a legal bonding, they must call it anything but marriage,” Tveit said.
During debate on the resolution, Rep. Austin Foss, D-Fargo, said he never thought one year after marrying the man he loves in North Dakota that he would have to fight for their right to exist.
“This hurts,” Foss said. “I don’t come into your church, into your home, and force you to relabel your relationship just because I don’t agree with it.”
He added, if the Supreme Court does overturn the previous ruling, same-sex couples would lose tax incentives and parental rights. Military families would lose rights to spousal benefits and they could also lose end-of-life rights, which could lead to them being discounted when making important decisions involving their partners.
“I cannot imagine my husband at the end of his road, in his hospital bed dying, and I would have no rights to any decision-making on how that moves forward,” Foss said.
Foss said he knows the measure was a resolution that won’t change North Dakota law, but the message it sends to members of the LGBTQ community is that they are not welcome.
“It’s a message to the world that in North Dakota, if you are like me, you are not welcome here,” Foss said. “If you don’t conform to the ideas that we have about creating a family, you are not welcome here. That’s not North Dakota nice. That’s not even Christian-like.”
In an interview after the vote, Foss said he took a little solace in the fact that the vote was close and hopes calmer heads and allies prevail in the Senate.
“I am a North Dakotan and for somebody to tell me that I’m not, it hurts,” Foss said. He added he did not speak to Tveit about the resolution before the floor vote.
“I will say that the support I received from those Republicans that did vote no on it has been helpful and nice,” he said.
If the resolution is passed by the Senate, it would be forwarded to the United States Supreme Court.
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