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Gay Rights Fight in Idaho

Constitutional Ban on Gay Marriage

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(Diane Anderson-Minshall contributed to this article)

Update November 7, 2006:

Idaho voters passed this Ban on Gay Marriage.

Idaho is fighting one of the nation's most restrictive constitutional amendments which will be up for vote in Fall 2006. The Idaho State Senate and House have already approved a constitutional amendment that will bar all forms of domestic legal unions except marriage between a man and a woman. The measure will now go up for a popular vote.

Why should you care?

This constitutional amendment will not only ban same-sex marriage, but it'll also ban civil unions, domestic partnerships and protections of any relationship--straight or gay--that approximates marriage. It goes way beyond what's already a law in Idaho--a ban on same-sex marriage--and actually hurts straight couples who can't or won't marry, as well as LGBT couples.

What Idaho Marriage Law Says

Same sex couples cannot currently marry in Idaho. Current Idaho law states, “Marriage is a personal relation arising out of a civil contract between a man and a woman.” Idaho law specifically states it will not recognize same-sex marriages: “All marriages contracted without this state, which would be valid by the laws of the state or country in which the same were contracted, are valid in this state, unless they violate the public policy of this state. Marriages that violate the public policy of this state include, but are not limited to, same-sex marriages, and marriages entered into under the laws of another state or country with the intent to evade the prohibitions of the marriage laws of this state.”

What is the wording of the proposed amendment?


 “A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.”

What can you do?

Here are a few things you can consider:
  • Talk to your family and friends in Idaho about the implications of this amendment in your life
  • Get involved with Your Friends, Family and Neighbors Idaho
  • Write a letter to the editor of an Idaho paper
  • Attend an Idaho Gay Pride or Fundraising Event
  • Donate money or services to the cause
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