Rainbow Law has a document package designed to protect same-sex partners in Idaho. We offer 9 unique Affordable Document Packages, Individual Legal Documents and FREE Advance Directives to help protect your rights and the rights of your family. To order a legal document package that complies with Idaho law, hover your mouse over the “Place An Order” link in the top menu and click on the package that best suits your needs in the drop-down list. If you’re not sure what package is right for you, click this link and we’ll help you figure out what you need.
Although the US Supreme Court has held that the federal government cannot discriminate against gay and lesbian couples legally married and living in a state that recognizes that marriage, lesbian, gay, bisexual, and transgender (LGBT) couples living in Idaho are not legally recognized as spouses even if they were married in a marriage equality state or country.
Here is a run-down on Idaho law affecting the LGBTQ community:
1 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. The suit, supported by the National Center for Lesbian Rights in San Francisco, was filed in U.S. District Court against Idaho Gov. C.L “Butch” Otter and Chris Rich, the clerk in Ada County, where the couples were denied marriage licenses.
2 Adoption Law: Idaho permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions.
3 Anti-Discrimination Law: 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. Idaho’s hate crimes law does not address hate crimes based on gender identity or sexual orientation.
4 Sodomy Law: As of 2013, the state’s sodomy law, though unenforceable, had not been repealed by Idaho legislators
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