Idaho Constitution
Article III. Legislative Department.
§ 28. Marriage
A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.
[H.J.R. No. 2, § 1 (2006), eff. Nov. 7, 2006]
Adopted Nov. 7, 2006.
Statement of Purpose
The language of this bill, including the term “domestic legal union” is intended to protect marriage as being only between a man and a woman.
It is intended to prohibit recognition by the State of Idaho, or any of its political subdivisions, of civil unions, domestic partnerships, or any other relationship that attempts to approximate marriage, no matter how denominated. The language is further intended to prohibit the State of Idaho, or any of its political subdivisions, from granting any or all of the legal benefits of marriage to civil unions, domestic partnerships, or any other relationship that attempts to approximate marriage.
It is the intent that the language of this bill shall not (a) interfere with the ability of persons or entities to enter into private contracts; (b) interfere with the ability of a person to provide for the disposition of their property at death, including through wills or trusts; (c) interfere with the ability of a person to name representatives, including financial or medical powers of attorney, or to choose guardians or conservators, through the means provided by the statutes of the State of Idaho.


