By Ruth Brown, Idaho Reports
The Senate Judiciary and Rules Committee on Wednesday introduced a bill that would allow individuals to marry without a license, instead obtaining a certificate.
Sen. Scott Herndon, R-Sagle, pitched the bill, saying the bill would not impact who would be allowed to marry and it would not change the age restriction on marriage.
The officiant of the marriage, however, would be responsible for verifying certain factors such as competency and age of the marrying parties. Herndon’s bill does still define marriage as a contract between a man and woman, but even when gay marriage was legalized nationally in 2015, Idaho did not change the definition.
Herndon stressed that the marriage certificate would still be recorded by the county recorder and be provided to the Bureau of Vital Statistics, as marriage licenses already are in Idaho.
Sen. Melissa Wintrow, D-Boise, told Herndon she wanted to be clear that the change would not impact the ability for gay people to marry.
“We don’t touch anything about who is qualified to marry,” Herndon said. “My expectation is that the judiciary will continue on with the same interpretation there is today.”
Sen. James Ruchti, D-Pocatello, questioned Herndon about having the officiant verify so many factors about the parties getting married.
“Why do you think it is a good idea to consolidate those responsibilities to the person carrying out the marriage,” Ruchti asked.
Herndon said it is already a misdemeanor crime for an officiant to knowingly marry an ineligible couple.
The bill must still receive a public hearing before it can move forward in the Senate.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.
