by Logan Finney, Idaho Reports
The Idaho Senate on Thursday approved amendments to a bill that would eliminate marriage licenses in Idaho and replace them with marriage certificates.
The changes maintain funding for domestic violence programs and adjust certificates to include information that is currently collected on marriage licenses.
Senate State Affairs introduced Senate Bill 1025 last month. Lawmakers on the panel generally supported the idea of eliminating marriage licenses, but sent the bill for amendments to address questions about some of the mechanics.
Sen. Scott Herndon, R-Sagle, brought amendments with support by Sen. Tammy Nichols, R-Middleton.
Certificates under the original bill would record the participants’ names and residence, and location of the marriage ceremony. The amendment adds details currently captured on marriage licenses, such as the age and sex of participants; their current marital status as single, widowed, or divorced; and their status in the relationship as bride, groom, or partner.
“Since this is going to be the paperwork, the documents of marriage,” Herndon said, it is appropriate for the government to record those details.
The signatures of the participants would also have to be notarized, which Herndon says would provide another check to verify the parties’ identities and that they are legally eligible to be married.
Falsifying information on a marriage license or certificate is already a misdemeanor under state law. The bill as originally written would set those penalties between $50 and $200. The amendment removes that line in order to match other state misdemeanors.
The bill’s effective date would also be pushed back to January 1, 2024.
“This will be a significant change, so we want time to get the word out,” Herndon said.
Another amendment restored two code references to marriage that had been removed in the original bill. Herndon said it ensures that fees for marriage certificates would be collected and allocated toward domestic violence programs the same way they are for current marriage licenses. He also said he worked with the person who currently administers that fund to ensure the change would not cause any disruptions.
The state currently collects $15 per marriage license, $20 per divorce, and $10 per protection order for domestic violence services, but the bulk of funding comes from federal and private sources.
The bill as amended will be placed on the Senate calendar for debate and a vote. It must also earn approval from the House and the governor to become law.
