Idaho State Information Outline of State Law Statutory Provision Constitutional Provision U.S. Senators State Public Policy Organizations Working on Marriage Issues

State Information

Government Website: http://www.state.id.us/government/

Outline of State Law

Current Status of Law Concerning Marriage and Date of Passage	1996 - State Law Passed	2006 - Constitutional Amendment
State Law Prohibits/Voids Same Sex/Same Gender Marriage	yes	yes
State Law Defines Marriage between a Man and a Woman	yes	yes
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States	yes	yes
State Law States that Same Sex Marriage is not Aligned with State Public Policy	yes	no
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife	no	no

Statutory Provision

Idaho Stat., Tit. 32., Chap. 2. MARRIAGE -- NATURE AND VALIDITY OF MARRIAGE

§ 201.  CONTRACT WHAT CONSTITUTES MARRIAGE -- NO COMMON-LAW MARRIAGE AFTER JANUARY 1, 1996.

(1) Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by the issuance of a license and a solemnization as authorized and provided by law. Marriage created by a mutual assumption of marital rights, duties or obligations shall not be recognized as a lawful marriage.

(2) The provisions of subsection (1) of this section requiring the issuance of a license and a solemnization shall not invalidate any marriage contract in effect prior to January 1, 1996, created by consenting parties through a mutual assumption of marital rights, duties or obligations.

§ 209. RECOGNITION OF FOREIGN OR OUT-OF-STATE 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.

Constitutional Provision

Constitution of the State of Idaho. Art. III, § 28. Marriage.

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

U.S. Senators

Larry Craig, Republican
http://craig.senate.gov/
This senator voted for the federal DOMA in 1996 and for the Federal Marriage Amendment in 2004 and 2006.

Michael Crapo, Republican
http://crapo.senate.gov/
As a U.S. Represenative, this senator voted for the federal DOMA in 1996. In the Senate, the senator voted for the Marriage Protection Amendment in 2004 and 2006.

State Public Policy Organizations Working on Marriage Issues

Idaho Values Alliance
Cornerstone Institute

Click here to return to the Marriage in the 50 States main page.