BOISE, Idaho — A proposed bill that would ban the state from issuing marriage licenses to same-sex couples was scheduled to be heard in the Senate Judiciary and Rules Committee Monday, but was dropped from the agenda just hours before the committee's meeting.
The resolution, trying to be introduced by first term Senator Scott Herndon of Sagle, would eliminate the marriage license and define marriage between a man and woman, barring the state from issuing a license to same sex couples.
In 2015, The United State Supreme court ruled that all states must issue marriage licenses to same-sex couples and recognize same-sex marriages from other states. The Supreme Court also ruled the U.S constitution supports the fundamental right to marry under the fourteenth amendment citing equal protection under the law.
In December 2022, President Joe Biden signed into law the Respect for Marriage Act passed by congress. It requires the federal government and all states to recognize the validity of same-sex and interracial marriages, but does not require states to perform them.
Idaho law already states that marriage is between a man and a woman. Some Idaho democratic lawmakers believe this would prepare the state to clearly ban same sex marriage in Idaho if the SCOTUS were to overturn prior rulings and return the issue back to the states like it did with the overturning of Roe v. Wade.
"Now that there is no fundamental right to privacy under the constitution they want to ban same-sex marriage," said House Minority Leader Ilana Rubel.
Idaho News 6 reached out to the Chair of the Senate Judiciary and Rules committee, Senator Todd Lakey of Nampa, to ask why this bill was dropped from the agenda, but we have not heard back.
