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Same-sex marriage has been legally recognized in Idaho since October 15, 2014. In May 2014, the U.S. District Court for the District of Idaho found Idaho's statutory and state constitutional bans on same-sex marriage unconstitutional in the case of Latta v. Otter , but enforcement of that ruling was stayed pending appeal. The Ninth Circuit Court of Appeals affirmed that ruling on October 7, 2014, though the U.S. Supreme Court issued a stay of the ruling, which was not lifted until October 15, 2014.
Polling suggests that a majority or plurality of Idaho residents support the legal recognition of same-sex marriage. [1]
After the Hawaii Supreme Court seemed poised to legalize same-sex marriage in Hawaii in Baehr v. Miike in 1993, the Idaho Legislature amended its marriage statutes in 1995 to specifically specify that a marriage was to be "between a man and a woman". The changes took effect on January 1, 1996. Fearing it would have to recognize same-sex marriages conducted in Hawaii, Idaho further amended its marriage laws to prohibit recognition of out-of-state same-sex marriages in 1996. Governor Phil Batt signed the legislation, which took immediate effect on March 18, 1996. [2]
On February 11, 2004, the Idaho House of Representatives, by a 53 to 17 vote, approved a constitutional amendment banning same-sex marriage and its "legal equivalent" in the state. The Idaho State Senate failed to vote on the amendment. [3] On February 2, 2005, the Senate, by a 21–14 vote, failed to approve a similar constitutional amendment banning same-sex marriage and any "legal status similar to that of marriage". [4] On February 6, 2006, the House of Representatives, by a 53 to 17 vote, approved Amendment 2, a constitutional amendment banning same-sex marriage and any "domestic legal union" in the state. The Senate approved the constitutional amendment on February 15 by a 26–9 vote, and it was approved by voters on November 7, 2006. [5] [6]
The amendment was found to be unconstitutional by a federal district court on May 13, 2014. The ruling was affirmed by the Ninth Circuit Court of Appeals on October 7, and went into effect on October 15, 2014.
Four Idaho lesbian couples filed a lawsuit in U.S. district court in November 2013, challenging the state's ban on same-sex marriage. On May 13, 2014, U.S. Chief Magistrate Candy W. Dale ruled in Latta v. Otter that Idaho's constitutional and statutory prohibitions against same-sex marriage were unconstitutional under the Fourteenth Amendment. She wrote: [7]
The defendants offered no evidence that same-sex marriage would adversely affect opposite-sex marriages or the well-being of children. Without proof, the defendants' justifications echo the unsubstantiated fears that could not prop up the anti-miscegenation laws and rigid gender roles of days past.
The state appealed the ruling, and on May 20 the Ninth Circuit Court of Appeals stayed enforcement of Dale's ruling pending the outcome of that appeal and ordered the case heard on an expedited basis. [8] On October 7, 2014, the Ninth Circuit Court of Appeals affirmed that the state's same-sex marriage ban was unconstitutional, finding that the ban violated the Fourteenth Amendment's right to equal protection. [9] [10] Idaho's county clerks prepared to process marriage licenses for same-sex couples the following day, October 8, [11] [12] until Supreme Court Justice Anthony Kennedy, in response to a petition from state officials, granted an emergency stay of the Ninth Circuit's decision. [13] Don Moline and Clint Newlan were able to obtain a marriage license in Twin Falls before Justice Kennedy issued the temporary stay. [14] On October 10, 2014, Justice Kennedy, after consulting with the other members of the U.S. Supreme Court, denied the request for a stay and vacated the temporary stay. [15] Latah County issued six marriage licenses to same-sex couples on October 10. [16] That same day, the Latta plaintiffs asked the Ninth Circuit to lift the stay of the district court's order that it had imposed on May 20. [17] The Ninth Circuit gave the parties until October 13 to reply. [18] On October 13, the Ninth Circuit lifted its stay of the district court's order enjoining Idaho officials from enforcing the state's ban on same-sex marriage. [19] The court's lifting of the stay went into effect on October 15, 2014. Rachael and Amber Beierle, plaintiffs in Latta, were the first couple to obtain a marriage license at the Ada County Clerk's Office on October 15. Maryanne Jordan, the president of the Boise City Council, officiated at the marriage, and said, "It's been such a long time coming." [20] More than 50 marriage licenses were issued to same-sex couples that Friday, October 15 in at least 9 of Idaho's counties: Ada, Bannock, Blaine, Bonner, Canyon, Custer, Kootenai, Latah, and Twin Falls. [21]
On October 10, Governor Butch Otter announced that he would no longer contest the ruling in Latta and state agencies would comply when the Ninth Circuit requires Idaho to provide marriage rights to same-sex couples. [22] On October 14, he announced that his office planned to continue defending the state's ban on same-sex marriage. [23] On October 21, he filed a petition for an en banc rehearing by the Ninth Circuit. [24] The plaintiffs filed a response to the petition opposing an en banc rehearing on November 10, 2014. [25] The Ninth Circuit denied the request for rehearing en banc on January 9, 2015. [26]
A tax conformity bill, which would allow Idaho taxpayers to use federal adjusted gross income on their federal return as a starting point in filling out their Idaho tax form, was opposed by a group of Republican lawmakers in February 2022 who argued that the bill circumvented the Idaho Constitution by approving same-sex marriage. Representative Ron Nate said, "The problem with this is that [the bill] does not protect our constitution in Idaho as it was amended in 2006", as the federal government uses its definition of marriage to allow adjustments. Representative Gregory Chaney disagreed, "Not only are you [Representative Nate] not doing a better job of upholding the Idaho Constitution, you are doing an absolutely miserable job of upholding the United States Constitution. This is another example of where we'd get our rear end kicked, summarily, and then we'd pay the attorney['s] fees for whoever sued us." The bill passed 46–22 in the House. [27]
In January 2023, Senator Scott Herndon introduced legislation to eliminate marriage licenses and instead direct officiants to issue marriage certificates following a ceremony between "two qualified people, a man and a woman". Representative Ilana Rubel said the bill appears to codify that "there would only be marriage recognized between a man and a woman" in Idaho, which would violate the U.S. Constitution. [28] The bill was scheduled to be heard in the Senate Judiciary and Rules Committee on January 23, but was dropped from the agenda just hours before the committee's meeting for unknown reasons. [29]
Same-sex marriage is not recognized on the reservation of the Nez Perce Tribe of Idaho. Its Tribal Code states that "'marriage' means the civil status, condition or relation of a man and woman considered united in law as husband and wife". [30] The Law and Order Code of the Shoshone-Bannock Tribes states that "'marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary", but generally refers to married spouses as "husband and wife". However, the code also states that marriages entered into outside the tribe's jurisdiction are valid if they are valid in the jurisdiction where they were entered into. [31]
While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. [32] This two-spirit status allowed for marriages between two biological males or two biological females to be performed in some of these tribes. Two-spirit individuals, known in Shoshone culture as ta̲i̲nna waʼippe (pronounced [ˈten.naˈwaʔip.pɨ] ), [33] performed women's activities but did not always wear women's clothing. Some of them married men, others married women, while others remained unmarried; [32] however, it was considered inappropriate for two ta̲i̲nna wa’ippe to form a relationship. [34] The Nez Perce call them siʼméec (pronounced [siʔˈmæːts] ). [35] They had sexual intercourse with cisgender men, but it is unclear if they were allowed to marry men. In the Coeur d'Alene language, they are known as stʼámya. [32] Verne F. Ray reported in 1932 that he had met a Coeur d'Alene stʼámya who was intersex and remained unmarried. [36] The Kutenai, living in the present-day Idaho Panhandle, refer to two-spirit people who were born female but wore men's clothing and performed men's activities as titqatʼiʔtik (pronounced [tɪtqaˈtʼɪʔtɪk] ). [37] One famous Kutenai two-spirit person was Kaúxuma Núpika, who, after leaving his White fur trader husband, returned to his people and adopted men's clothing and weapons, and took a wife. Kaúxuma was one of the "principal leaders" of the tribe and supernatural powers were attributed to him. He "is remembered among the Kutenai as a respected shamanic healer", a masculine occupation. [38]
Data from the 2000 U.S. census showed that 1,873 same-sex couples were living in Idaho. By 2005, this had increased to 2,096 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state, except Oneida, and constituted 0.6% of coupled households and 0.4% of all households in the state. Most couples lived in Ada, Canyon and Kootenai counties, but the counties with the highest percentage of same-sex couples were Lewis (0.90% of all county households) and Adams (0.77%). Same-sex partners in Idaho were on average younger than opposite-sex partners, and significantly more likely to be employed. However, the average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 16% of same-sex couples in Idaho were raising children under the age of 18, with an estimated 417 children living in households headed by same-sex couples in 2005. [39]
The 2020 U.S. census showed that there were 2,195 married same-sex couple households (905 male couples and 1,290 female couples) and 1,588 unmarried same-sex couple households in Idaho. [40]
98 and 115 same-sex marriages were performed in Ada County in 2020 and 2021, respectively. [41] 328 same-sex marriages were performed in Idaho in 2022, representing 2.3% of all marriages performed in the state that year. Additionally, there were 81 same-sex divorces, accounting for 1.3% of all divorces. [42]
The 2022 poll by the Idaho Statesman /SurveyUSA found that 49% of Idaho voters believed same-sex marriage should remain legal in Idaho if the Supreme Court were to overturn Obergefell v. Hodges , while 37% opposed, and 14% were unsure. Support was highest among Democrats (78%) and independents (62%), but lowest among Republicans (34%), and higher among women (53%) than men (44%). Support for same-sex marriage was also higher in Ada County (63%) and Canyon County (50%) than the rest of the state (45%). [1]
Utah Constitutional Amendment 3 was an amendment to the Utah state constitution that sought to define marriage as a union exclusively between a man and woman. It passed in the November 2, 2004, election, as did similar amendments in ten other states.
Same-sex marriage has been legal in California since June 28, 2013. The State of California first issued marriage licenses to same-sex couples from June 16, 2008 to November 5, 2008, a period of approximately 4 months, 2 weeks and 6 days, as a result of the Supreme Court of California finding in the case of In re Marriage Cases that barring same-sex couples from marriage violated the Constitution of California. The issuance of such licenses was halted from November 5, 2008 through June 27, 2013 due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages recommenced following the U.S. Supreme Court's decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.
Same-sex marriage has been legal in Florida since January 6, 2015, as a result of a ruling in Brenner v. Scott from the U.S. District Court for the Northern District of Florida. The court ruled the state's same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily. State attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. In addition, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state's denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015. Florida was the 35th U.S. state to legalize same-sex marriage.
Same-sex marriage has been legal in Hawaii since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2, making Hawaii the fifteenth U.S. state to legalize same-sex marriage. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights. When Hawaii's civil union law took effect at the start of 2012, same-sex marriages established in other jurisdictions were considered civil unions in Hawaii.
Same-sex marriage has been legally recognized in Colorado since October 7, 2014. Colorado's state constitutional ban on same-sex marriage was struck down in state district court on July 9, 2014, and by the U.S. District Court for the District of Colorado on July 23, 2014. The Tenth Circuit Court of Appeals had already made similar rulings with respect to such bans in Utah on June 25 and Oklahoma on July 18, which are binding precedents on courts in Colorado. On October 6, 2014, the U.S. Supreme Court declined to hear the Tenth Circuit cases, and the Tenth Circuit lifted its stay. On October 7, the Colorado Supreme Court and the Tenth Circuit cleared the way for same-sex marriages to begin in Colorado. Colorado was the 25th U.S. state to legalize same-sex marriage.
Same-sex marriage has been legal in Utah since October 6, 2014. On December 20, 2013, the state began issuing marriage licenses to same-sex couples as a result of the U.S. District Court for the District of Utah's ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marrying violates the U.S. Constitution. The issuance of those licenses was halted during the period of January 6, 2014 until October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to hear an appeal in a case that found Utah's ban on same-sex marriage unconstitutional, the Tenth Circuit Court of Appeals ordered the state to recognize same-sex marriage.
Same-sex marriage has been legally recognized in Nevada since October 9, 2014, when a federal district court judge issued an injunction against enforcement of Nevada's same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada approved in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.
Same-sex marriage has been legal in Arizona since October 17, 2014. The U.S. state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. On October 17, Judge John W. Sedwick ruled in two lawsuits that Arizona's ban on same-sex marriage was unconstitutional, and enjoined the state from enforcing its ban, effective immediately. Attorney General Tom Horne said the state would not appeal that ruling, and instructed county clerks to comply and issue marriage licenses to same-sex couples.
Same-sex marriage has been recognized in Montana since a federal district court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. Montana had previously denied marriage rights to same-sex couples by statute since 1997 and in its State Constitution since 2004. The state appealed the ruling to the Ninth Circuit Court of Appeals, but before that court could hear the case, the U.S. Supreme Court struck down all same-sex marriage bans in the country in Obergefell v. Hodges, mooting any remaining appeals.
Same-sex marriage has been legal in South Carolina since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.
Same-sex marriage has been legally recognized in West Virginia since October 9, 2014. On July 28, 2014, a ruling by the Fourth Circuit Court of Appeals in Bostic v. Schaefer found Virginia's ban on same-sex marriage unconstitutional. On October 6, 2014, the U.S. Supreme Court denied certiorari in Bostic, allowing the ruling to take effect. As a result, on October 9, 2014, Governor Earl Ray Tomblin announced he was ordering state agencies to act in compliance with the controlling precedent in the Virginia case. Even though West Virginia's ban had not been explicitly declared unconstitutional, the Fourth Circuit precedent made it certain the state's statutory ban would be overturned. The state started issuing marriage licenses to same-sex couples that same day. The U.S. District Court for the Southern District of West Virginia officially ruled the state's same-sex marriage ban unconstitutional on November 7, 2014.
Same-sex marriage has been legally recognized in Indiana since October 6, 2014. The state had previously restricted marriage to different-sex couples by statute in 1986. Legislation passed in 1997 denied recognition to same-sex relationships established in other jurisdictions. A lawsuit challenging the state's refusal to grant marriage licenses to same-sex couples, Baskin v. Bogan, won a favorable ruling from the U.S. District Court for the Southern District of Indiana on June 25, 2014. Until the Seventh Circuit Court of Appeals granted an emergency stay of the district court's ruling on June 27, most Indiana counties issued marriage licenses to same-sex couples. The Seventh Circuit affirmed the district court's ruling in Baskin on September 4. A ruling in Bowling v. Pence stated that the state must recognize same-sex marriages performed out-of-state and the decision was stayed until the Seventh Circuit ruled on the merits in similar cases. It also stated that the ruling would remain stayed if the circuit court stayed its decision in the related cases.
Same-sex marriage has been legally recognized in Alaska since October 12, 2014, with an interruption from October 15 to 17 while state officials sought without success to delay the implementation of a federal court ruling. The U.S. District Court for the District of Alaska held on October 12 in the case of Hamby v. Parnell that Alaska's statutory and constitutional bans on same-sex marriage violated the Due Process and Equal Protection clauses of the U.S. Constitution. On October 15, state officials obtained a two-day stay from the Ninth Circuit Court of Appeals, which the U.S. Supreme Court refused to extend on October 17. Although Alaska is one of a few states which enforces a three-day waiting period between requesting a marriage license and conducting a marriage ceremony, at least one same-sex couple had the waiting period waived immediately after the district court's ruling. They married in Utqiagvik on October 13 and were the first same-sex couple to marry in Alaska.
Sevcik v. Sandoval is the lead case that successfully challenged Nevada's denial of same-sex marriage as mandated by that state's constitution and statutory law. The plaintiffs' complaint was initially filed in the U.S. District Court for the District of Nevada on April 10, 2012, on behalf of several couples denied marriage licenses. These couples challenged the denial on the basis of the U.S. Constitution's Fourteenth Amendment guarantee of equal protection.
This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.
This is a list of notable events in the history of LGBT rights that took place in the year 2014.
Same-sex marriage has been legal in Missouri since the U.S. Supreme Court's landmark ruling in Obergefell v. Hodges, which struck down state bans on marriages between two people of the same sex on June 26, 2015. Prior to the court ruling, the state recognized same-sex marriages from other jurisdictions pursuant to a state court ruling in October 2014, and certain jurisdictions of the state performed same-sex marriage despite a statewide ban.
Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, striking down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.
Latta v. Otter is a case initiated in 2013 in U.S. federal court by plaintiffs seeking to prevent the state of Idaho from enforcing its ban on same-sex marriage. The plaintiffs won in U.S. District Court. The case was appealed to the Ninth Circuit Court of Appeals, which heard this together with two related cases–Jackson v. Abercrombie, and Sevcik v. Sandoval.
In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.