HJR 2 (Gay marriage ban)
What it will do:
The proposed amendment would add a new Section 28 to Article III of the Constitution of the State of Idaho, stating that a marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in the state of Idaho.
Supporters say:
Same-sex marriages are not currently provided for under Idaho law, and this amendment would prevent state courts from requiring same-sex marriages or recognizing same-sex marriages from out-of-state. Because marriage is a public institution with special importance to society, the state of Idaho has a legitimate interest in establishing the marriage policy for its citizens. The amendment does not deny any rights currently under Idaho law, and does not prevent employers from extending benefits from same-sex partners.
Opponents say:
The amendment is not needed because Idaho law already limits the right to marry to one man and one woman and does not recognize out-of-state marriages that are in conflict with Idaho law. It uses the term "domestic legal union," which is not defined and will likely result in costly and lengthy litigation. It could in the future deny same gender couples in committed relationships the protections and benefits available to married couples, such as access to spousal Social Security benefits upon a partner's death, automatic "next of kin" emergency medical decisions and "family member" hospital visitation rights. Idaho's Consitution is designed to protect liberties, not take them away.
Sponsor:
House joint resolution
