LGBT rights in Idaho

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LGBT rights in Idaho
Idaho (US)
Idaho (US)
Same-sex sexual activity legal? Legal since 2003
Discrimination protections No
Family rights
Recognition of
relationships
No
Restrictions:
Same-sex marriage and civil unions banned by the state constitution
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Idaho face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Idaho. Same-sex couples and families headed by same-sex couples do not have the same protections as opposite-sex couples.

Contents

[edit] Laws regarding same-sex sexual activity

The U.S. Supreme Court's 2003 decision in Lawrence v. Texas rendered laws banning consensual sexual activity unenforceable.[1]

As of 2013, the state's sodomy law, though unenforceable, had not been repealed by Idaho legislators

[edit] Recognition of same-sex relationships

Idaho voters adopted a constitutional amendment in November 2006 that "A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state."[2] Similar restrictions appear in the state statutes as well.[3]

[edit] Adoption and parenting

Idaho permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions.[4]

[edit] Discrimination protection

No provision of Idaho law explicitly addresses discrimination on the bases of sexual orientation or gender identity.[5]

[edit] Hate crime laws

Idaho's hate crimes law does not address hate crimes based on gender identity or sexual orientation.[6]

[edit] References

  1. ^ New York Times: "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003, access April 14, 2011
  2. ^ CNN: 2006 Key Ballot Measures, accessed April 14, 2011; Idaho State Legislature: Article III, Section 28, accessed January 6, 2007
  3. ^ Human Resources Campaign: Idaho Marriage/Relationship Recognition Law, accessed April 14, 2011
  4. ^ Human Resources Campaign: Idaho Adoption Law, accessed April 14, 2011
  5. ^ Human Resources Campaign: Idaho Non-Discrimination Law, accessed April 14, 2011
  6. ^ Human Resources Campaign: Idaho Hate Crimes Law, accessed April 14, 2011