Resolution to Undo Same-Sex Marriage Fails in North Dakota Senate on “Blind” Vote

BISMARCK, N.D. (KVRR/AP) — North Dakota Senate has defeated a resolution to tell the U.S. Supreme Court to overturn its decade-old ruling that legalized same-sex marriage nationwide.

The vote was taken without recording how senators voted and the final tally was 16 in favor and 31 against.

Republican Sen. Diane Larson of Bismarck says the hotly debated resolution came out of committee without a recommendation and she requested a verification vote.

Democratic Sen. Josh Boschee of Fargo disagreed and requested a recorded vote.

“At the risk of losing the trust of many people I respect in this chamber, I ask for a recorded roll call vote,” Boschee told the chamber.

Rep. Sen. Sean Cleary was also against the “blind” vote and said, “They’re not asking us to change our religious beliefs on what we think marriage constitutes. They’re asking for something very American, and that’s equal treatment under the law.”

The resolution had passed the Republican-led House in February.

Republican Sen. David Clemens supported the measure, saying that while the U.S. Constitution does not mention marriage, the North Dakota Constitution recognizes marriage as between a man and a woman. Clemens said he took an oath to uphold that document.

“Rejecting HCR 3013 was the right thing to do. This resolution was a bigoted and unpopular view on same-sex marriage and an affront to queer people in our state” said Cody Schuler, ACLU of North Dakota advocacy manager. “We’re disappointed, however, that because of the blind vote, North Dakotans will not be able to see how their senators voted.

Massachusetts-based MassResistance, which describes itself as an “international pro-family group” but has been labeled “anti-LGBTQ hate group” by the LGBTQ+ advocacy organization GLAAD, is pushing the resolution across the country.

Massachusetts became the first state to recognize same-sex marriage, in 2004. Over the next 11 years, most states began to recognize it through laws, ballot measures or court decisions before the Supreme Court made it legal nationwide.