BOISE, Idaho — An Idaho state lawmaker upset with federal judges who have overturned same-sex marriage bans across the nation is proposing that the U.S. Congress impeach judges who “fail to uphold” the U.S. Constitution.

State Rep. Paul Shepherd (R-Riggins, Idaho) introduced the non-binding resolution Monday to the Idaho House State Affairs Committee.

The committee voted to introduce the resolution, with four Democrats opposed.

Shepherd says that federal judges are adjudicating against the intent of U.S. Constitution, focusing primarily on the multiple rulings that same-sex marriage bans are illegal.

The resolution urges Congress to support the principle that judges “should keep their oath of office to uphold the law, and not make or change the law.”

Rep. Melissa Wintrow (D-Boise) said the measure was contrary to the purpose of checks and balances.

“Our purpose here is to make laws, the executive branch carries out the laws and the judicial branch interprets the laws to make sure we got it right,” she said. “The purpose of the judicial branch is to interpret. I value that balance in our government.”

Idaho’s same-sex marriage ban – passed in 2006 – was overturned by a federal judge on Oct. 15.

Associated Press contributed to this report.