Idaho's Gay Marriage Ban Remains In State Constitution

Gay rights supporters argue removal is the natural next step to comply with the Supreme Court's ruling. [...] Republican lawmakers and gay marriage opponents counter that there is no legal need to change the constitution. Morales said the sheriff incorrectly interpreted an unenforceable state law because it was still on the books, even though the Supreme Court banned laws that attempted to regulate or criminalize sexual activity among consenting adults in 2003. [...] Idaho disenfranchised anyone who practiced polygamy, encouraged polygamy or supported organizations encouraging polygamy as a way to strip Mormons of their right to vote, holding office or serving on juries. Gay rights activists say the next hurdle is pushing legislation to protect lesbian, gay, bisexual and transgender people from employment and housing discrimination. Idaho's Human Rights Act does not offer sexual orientation and gender identity protections.

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