Idaho Amendment 2 (2006)

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Idaho Amendment 2 of 2006 is an amendment to the Idaho Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions.

U.S. state constitutional amendments banning same-sex unions Wikimedia list article

Many U.S. states enacted amendments to their state constitutions which prevented the recognition of some or all types of same-sex unions, but all such amendments were struck down by the Supreme Court of the United States on June 26, 2015, in the case of Obergefell v. Hodges. Some amendments prevented a state from legalizing same-sex marriage, civil unions and domestic partnerships, while others banned only same-sex marriage. By May 2012, voters in 30 states had approved such amendments. While the actual text of these amendments still remains written into the various state constitutions, the Obergefell decision has rendered them unenforceable insofar as they prevented same-sex couples from marrying.

Same-sex marriage is the marriage of two persons of the same sex or gender, entered into in a civil or religious ceremony.

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant most or all of the rights of marriage except the title itself. Around the world, developed democracies began establishing civil unions in the late 1990s, often developing them from less formal domestic partnerships, which grant only some of the rights of marriage. In the majority of countries that established these unions in laws, they have since been either supplemented or replaced by same-sex marriage. Civil unions are viewed by LGBT rights campaigners as a "first step" towards establishing same-sex marriage, as civil unions are viewed by supporters of LGBT rights as a "separate but equal" or "second class" status. While civil unions are often established for both opposite-sex couples and same-sex couples, in a number of countries they are available to same-sex couples only.

Contents

The text of the amendment states:

A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state. [1]

The amendment was passed 53–17 by the Idaho House of Representatives on February 6, 2006 and 26–9 by the Idaho Senate on February 15, 2006. [2] [3] It was subsequently approved by 63% of voters in a referendum. [4]

Idaho House of Representatives lower house of U.S. state legislature

The Idaho House of Representatives is the lower chamber of the Idaho State Legislature. It consists of 70 representatives elected to two-year terms. The state is divided into 35 districts, each of which elect two representatives. It meets at the Idaho State Capitol in Boise, Idaho.

Idaho Senate upper state chamber of a state of the United-States of America

The Idaho Senate is the upper chamber of the Idaho State Legislature. It consists of 35 Senators elected to two-year terms, each representing a district of the state. The Senate meets at the Idaho State Capitol in Boise, Idaho.

On May 13, 2014, a United States Magistrate Judge struck down Amendment 2 as unconstitutional. [5] Idaho Governor C.L. "Butch" Otter has requested a stay and plans to appeal the ruling to the United States Court of Appeals for the Ninth Circuit in San Francisco. [6]

Butch Otter American businessman and politician

Clement Leroy "Butch" Otter is an American businessman and politician, who served as the 32nd governor of Idaho, from 2007 to 2019. A member of the Republican Party, he was elected in 2006, and reelected in 2010, and 2014. Otter served as lieutenant governor from 1987 to 2001 and in U.S. Congress from the first district from 2001 to 2007.

A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty ; it refers to the imposition of whatever judgment is being stayed. It is similar to an injunction.

United States Court of Appeals for the Ninth Circuit Federal court with appellate jurisdiction over the districts of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington

The United States Court of Appeals for the Ninth Circuit is a U.S. Federal court with appellate jurisdiction over the district courts in the following districts:

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References

  1. ↑ Article III, Section 28. Idaho Constitution. Idaho State Legislature. Accessed 06 January 2007.
  2. ↑ HJR 2 - Marriage Amendment Ballot Question - Key Vote
  3. ↑ HOUSE JOINT RESOLUTION NO. 2, Idaho Legislature
  4. ↑ CNN.com Election 2006 - Ballot Measures Accessed 14 December 2006.
  5. ↑ Pearce, Matthew (May 13, 2014). "Idaho same-sex marriage ban struck down by federal judge". Los Angeles Times. Retrieved May 13, 2014.
  6. ↑ Mollie Reilly (May 13, 2014). "Idaho's Gay Marriage Ban Struck Down By Federal Judge". The Huffington Post. Retrieved May 14, 2014.
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