Proposes an amendment to the state constitution to repeal the prohibition on same sex marriage.
Summary
House Joint Resolution 2 proposes a constitutional amendment to repeal Section 28, Article III of the Idaho Constitution, which currently prohibits same-sex marriage. If approved by the Legislature and then by voters at the next general election, the measure would remove the state constitutional ban and place the question of repeal before the electorate.
The resolution does not itself legalize or regulate marriage by statute; instead, it changes the state constitution by deleting the existing marriage prohibition and directing the Legislative Council and Secretary of State to carry out the ballot and publication requirements for a constitutional amendment. Its practical effect would be to eliminate Idaho’s constitutional barrier to same-sex marriage, aligning state constitutional law with marriage equality if the amendment is adopted by voters.
Impact
If enacted and approved by voters, the resolution would repeal the Idaho constitutional provision that expressly prohibits same-sex marriage, removing that language from Article III, Section 28. This would change state constitutional law and eliminate a provision that has historically constrained recognition of same-sex marriages in Idaho. The bill primarily affects the state constitution, election administration, and any parties whose marriage rights or recognition depend on the validity of the existing ban.
Sentiment
Based on the bill text and available context, the measure appears to be presented as a straightforward constitutional repeal with no recorded committee debate or vote history in the provided materials. The caption and ballot question frame the proposal in neutral legal terms, but the subject matter suggests it is likely to draw strong support from marriage equality advocates and opposition from those favoring retention of the existing constitutional definition. Because no transcripts or votes are included, the overall legislative sentiment cannot be measured beyond the fact that the resolution was formally introduced for consideration.
Contention
The central point of contention is whether Idaho should retain or repeal the constitutional prohibition on same-sex marriage. Supporters would view repeal as removing discriminatory language and allowing marriage equality, while opponents may argue that the existing constitutional provision should remain in place to preserve the current definition of marriage. The resolution’s placement of the question before voters indicates that the issue is intended to be resolved through the constitutional amendment process rather than by ordinary legislation.