LGBT rights in Idaho
|LGBT rights in Idaho|
|Same-sex sexual activity legal?||Legal since 2003|
|Same-sex marriage and civil unions banned by the state constitution|
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Idaho may face some legal challenges not experienced by non-LGBT residents. Homosexual activity is legal in Idaho. Same-sex couples cannot marry in Idaho and same-sex couples married in other states are not recognized in Idaho.
Laws regarding same-sex sexual activity
As of 2013, the state's sodomy law, though unenforceable, had not been repealed by Idaho legislators.
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." Similar restrictions appear in the state statutes as well.
In November 2013, four Idaho couples filed a lawsuit in federal court challenging the state's ban on same-sex marriage.
Adoption and parenting
Idaho permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions.
No provision of Idaho law explicitly addresses discrimination on the bases of sexual orientation or gender identity.
In February 2012, a bill that would have banned discrimination based on sexual orientation and gender identity in jobs, housing, educational opportunities and public accommodations, was rejected.
Hate crime laws
Idaho's hate crimes law does not address hate crimes based on gender identity or sexual orientation.
- New York Times: "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003, access April 14, 2011
- CNN: 2006 Key Ballot Measures, accessed April 14, 2011; Idaho State Legislature: Article III, Section 28, accessed January 6, 2007
- Human Resources Campaign: Idaho Marriage/Relationship Recognition Law, accessed April 14, 2011
- "Four Idaho couples file federal lawsuit challenging state’s gay marriage ban". LGBTQNation. November 8, 2013.
- Human Resources Campaign: Idaho Adoption Law, accessed April 14, 2011
- Human Resources Campaign: Idaho Non-Discrimination Law, accessed April 14, 2011
- "Idaho GOP refuses to ‘add the words’ to prohibit LGBT discrimination". LGBTQ Nation. February 12, 2012.
- "New laws not sitting well with Republicans, who hope to invalidate all such ordinances". LGBTQ Nation. June 14, 2013.
- Human Resources Campaign: Idaho Hate Crimes Law, accessed April 14, 2011