Idaho's gay marriage ban remains in state constitution

[mahatmakanejeeves]

Hat tip, the Newseum, for its display of today's front pages of U.S. and a few other newspapers.

Idaho's gay marriage ban remains in state constitution

By KIMBERLEE KRUESI
Associated Press July 5, 2015 Updated 15 hours ago

BOISE, Idaho — Same-sex marriage is now legal in all 50 states, but nestled in the Idaho Constitution remains the provision that defines marriage as only between a man and a woman.

The Supreme Court struck down all gay marriage bans nationwide last week, making Idaho's constitutional marriage definition unenforceable. ... However, removing the language will likely be an uphill battle. Amending the Idaho Constitution first requires approval from the Republican-dominated Legislature. The proposal must then win a simple majority in a voter referendum —a tough task for even lesser politically-charged initiatives.

Idaho is one of 30 states that amended their constitutions to ban gay marriage that have not yet take steps to repeal their amendments, even though they have been rendered unenforceable by the Supreme Court's gay-marriage decision. ... "It might be difficult to remove the language, but it's the right thing to do," said Leo Morales, acting executive director of the American Civil Liberties Union of Idaho. "Lawmakers have sworn an oath to uphold the law. It makes sense to clean up the books."

Idaho's gay marriage ban has been enshrined in the state constitution since 2006 after winning 63 percent of the vote.

[Betty Karlson]

1. So Idaho wants to be the Alabama of gay marriage?

How sad. Pathetic even.

[backscatter712]

2. Same thing in Colorado.

There was a constitutional amendment approved by the voters back in the 2000s in Colorado to ban same-sex marriage.

Later on, enough people pulled their heads out of their asses to put some Democrats in power, and the state legislature legalized same-sex civil unions, but were unable to legalize same-sex marriages because of the ban in the state constitution.

Of course, now Obergefell v. Hodges struck the ban on same-sex marriage, but like in Idaho, it's still in the constitution, and it would take another voter-approved amendment to remove it. Nevertheless, the ban cannot be enforced.

[Culver Shuttle]

3. Nevertheless, that bit is a dead letter immediately following the Supreme Court decision.

Explicitly repealing it would be a nice gesture, but absent any illegal attempt to enforce it not problematic.