User:Vicente Diaz Romero/LGBT Civil Rights In Idaho

A survey by the Williams Institute on LGB population and same-sex couples in the United States estimated that there are 23,615 LGB adults in the state of Idaho. They also stated that LGB people make 2.3% of the Idaho population and reported that there are 2,096 same-sex couples as of 2005 (1,164 male and 932 female). 1,873 same-sex couples were reported in the year 2000."

Hate Crimes and Gender Identity
Idaho's hate crimes laws do not include protection on the basis of gender identity or sexual orientation. ( Idaho Gay Issues)

Anti- Bullying
Idaho has a general safe schools law that protects "the morals and health" of it's students but does not protect against violence based based on gender identity. (GOVERNANCE OF SCHOOLS.)

Sodomy
The United States Supreme Court struck down sodomy laws in the United States in the Lawrence v. Texas decision abolishing all of the country's sodomy laws. (Lawrence v. Texas)

Before that decision Idaho's sodomy law applied to anyone regardless of sexual orientation as a "crime against nature" with a punishment of at least 5 years imprisonment (IMPRISONMENT -- EFFECT ON CIVIL RIGHTS AND OFFICES) with a possible maximum of life in prison.(History)

In 2001, the Idaho Court of Appeals held that "Idaho's statute prohibiting the crimes against nature may not be constitutionally enforced to prohibit private consensual marital conduct" in Idaho v. Holden therefore not applying to heterosexual couples.(State v. Holden)

Domestic Violence
Idaho's domestic violence laws are gender neutral and include household members and dating partners.(idaho Gay Issues)

Employment
Idaho law does not offer any public or private employment protections of the basis of gender identity or sexual orientation. (ACTS PROHIBITED)

Healthcare
A same-sex partner may make a medical decision for an incapacitated partner as a "competent individual representing himself or herself to be responsible for the health care of such person" only after at least 4 relatives (guardian, spouse, parent, or other relative) have been contacted before authority can be granted or authority has been left by the incapacitated partner in their will. (THE MEDICAL CONSENT AND NATURAL DEATH ACT)

Adoption
Single parent adoption is permitted in the State of Idaho regardless of sexual orientation. The laws do not clearly prohibit joint or second parent adoption. Custody cases are decided on a case-by-case basis and are ultimately the decision of the judge. (Parenting Laws: Joint Adoption)The Idaho Supreme Court upheld that a parent's sexual orientation cannot be the basis for granting or removing parental custody in the McGriff v. McGriff. (McGriff v. McGriff)

McGriff v. McGriff
In Idaho's first adoption case involving a gay or lesbian parent, the Idaho Supreme Court held that a parent's sexual orientation cannot be used as sole basis for removing or granting parental custody. (Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody)

Justice Trout stated that "only when the parents sexual orientation is show to cause harm to the child, such that the child's best interest are not served, should the sexual orientation be a factor in determining custody."(Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody)

In the case Theron McGriff was denied joint-custody of his two children on the basis of his ex-wife's disapproval of his current relationship. The marriage ended in 1997 when Therons wife left. Three years later when Theron's wife learned her husband was involved with a man she petitioned for sole custody. (Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody) According to a summary of the case in childcustodylawfirms.com "all of the allegations in her petition were focused exclusively on Theron's sexual orientation." (Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody)

In 2002, the trial court granted the mother's petition for sole custody and restricted Theron's visitation rights. They held that he could not visit the children if his partner lived with him. (Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody)

Theron then took the case to the Idaho Supreme Court. The Court upheld the decision made by the lower court(Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody) of removing custody and the conditional visitation rights that don't allow him to visit the children if he lived with his partner. (Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody) They also held that the lower court "based his (their) decision to modify custody on factors unrelated to sexual orientation," but they were based on communication issues between his ex-wife and his partner.(Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody)

In response to that, Justice Tidwell noted that "if Theron's sexual orientation is not a factor, it is disingenuous that Theron may only exercise his visitation rights if he does not live with his male partner." (Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody)

Kate Kendell, Executive Director of the National Center for Lesbian Rights, who assisted Theron's attorneys during case, stated that "We applaud the Court's holding that sexual orientation should not be a factor in child custody," then she went on to state that "Nevertheless, we are distressed that this important principle was not applied in this case. The factual record simply did not support a denial of custody to Theron McGriff and it is clear that the lower court's decision was based on Therons sexual orientation. By failing to correct this injustice, the court has allowed the children in this case to suffer by being deprived of contact with a loving and devoted father."(Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody)

Surrogacy
Idaho does not address surrogacy in its laws however the Human Rights Campaign noted "that case law indicates such contracts may be enforcable in the state" and cites the 1986 case of DeBernardi v. Steve B.D.

Debernardi v. Steve B.D.
In this case the Idaho Supreme Court determined that biology is not sole reason for granting custody. (Idaho Surrogacy law) The Court reviewed the case of a woman who was the biological mother of a child and gave up her parental rights over to adoptive parents.

The Court judged the case with the "best interest of the child" standard. The child had lived for a long time with the adoptive parents and considered them to be so. Since the biological mother had relinquished custody without the influence of fraud, duress, or undue the she would have to abide by her decision. (Idaho Surrogacy law)

Although this decision is not directly related to lesbian or gay parents the Human Rights Campaign believes that "the legality of surrogate parenting agreements could be implicit in the decision. However the Idaho Supreme Courts could insist on a rigid adherence of adoption procedures in order to give the agreement validity and such adherence may be impossible in the context of a same-sex couple." ( Idaho Surrogacy law)

Relationship Recognition
In 2006 an anti-gay marriage amendment was adopted in the general elections. This decision also has wording that may be used to ban any union similar to marriage. (MARRIAGE.)

The state constitution states that "A marriage between a man and a woman is the only domestic legal union that shall the valid or recognized in this state." (MARRIAGE -- NATURE AND VALIDITY OF MARRIAGE CONTRACT)

Christine Nelson, a policy associate with the National Conference of State Legislatures refers to this law as a super DOMA (Defense of Marriage Act) because it goes past just defining marriage between a man and a woman.

The Spokesman review states that the benefits of domestic partnerships and same-sex marriage grant "state-level rights to file joint tax returns, own property jointly, collect spousal or survivor benefits, share retirement accounts, inherit, visit one another in the hospital, and be considered next of kin for purposes of notification or deciding what should be done with a partner's remains after death." (spokesman review)

In 1996 an anti-gay marriage statute banned marriage for same-sex couples. (Idaho Gay Issues)

Out-of-State Marriage Recognition
The state of Idaho does not Honor marriages from other jurisdictions. (RECOGNITION OF FOREIGN OR OUT-OF-STATE MARRIAGES.)

The Human Rights Campaign cites Idaho law to state that "All marriages contracted in this state, which would be valid by the laws of the public policy of this state or country which the same contracted, are valid in this state, unless the violate the public policy in this state. Marriages that violate the public policy of this state include, but are not limited to, same sex marriages, and marriages entered into under the laws of another state or country with the intent to evade the prohibitions of the marriage laws in this state." (MARRIAGE -- NATURE AND VALIDITY OF MARRIAGE CONTRACT)

Gender Transition
Idaho allows people to change their birth certificate name generally but does not allow individuals who underwent sex-reassignment surgery to change their name. (COMPLETION AND CORRECTION OF CERTIFICATES -- PROCEDURE -- OTHER ALTERATIONS PROHIBITED.)

Bibliography (MLA)

COMPLETION AND CORRECTION OF CERTIFICATES -- PROCEDURE -- OTHER ALTERATIONS PROHIBITED. Pub. L. 39-250. 10 Dec. 2009. Available at: http://www3.state.id.us/cgi-bin/newidst?sctid=390020050.K

"Idaho Surrogacy law." 10 Dec. 2009. http://www.hrc.org/laws_and_elections/4168.htm

IMPRISONMENT -- EFFECT ON CIVIL RIGHTS AND OFFICES. Pub. L. 18-310. Available at: http://www3.state.id.us/cgi-bin/newidst?sctid=180030010.K

MARRIAGE. Idaho Const. Art. III, 28. Available at: http://www3.state.id.us/cgi-bin/constretr?sctid=003030328.K

STATEMENT OF POLICY -- DEFINITION. Pub. L. 39-4509. Available at: http://www3.state.id.us/cgi-bin/newidst?sctid=390450009.K

THE MEDICAL CONSENT AND NATURAL DEATH ACT. Pub. L. 39-4515. Available at: http://www3.state.id.us/cgi-bin/newidst?sctid=390450009.K

GOVERNANCE OF SCHOOLS. Pub. L. 33-512. 10 Dec 2008. Available at: http://www3.state.id.us/cgi-bin/newidst?sctid=330050012.K

RECOGNITION OF FOREIGN OR OUT-OF-STATE MARRIAGES. Pub. L. 32-209. 10 Dec. 2008. Available at: http://www3.state.id.us/cgi-bin/newidst?sctid=320020009.K

"Lawrence v. Texas." No. 02-102 (June 26, 2003). Albertsons Library. Boise, ID. 10 Dec 2008.

"Idaho Gay Issues." 03 Dec. 2009. http://www.pridenet.com/id.html

J. Gates, Gary. "Same-sex Couples and the Gay, Lesbian, Bisexual Population: New Estimates from the American Community Survey." (Oct 2006): 12. The Williams Institute on Sexual Orientation Law and Public Policy, UCLA School of Law. 29 Nov. 2008. 

I chose this website because the information comes from a trustworthy source (a university). I also chose this because it really puts everything into perspective how many LGB people are in Idaho. It gives my wikipedia entry a sense of "this is who this is talking about."

"Idaho Supreme Court Prohibits Discrimination Against Gay Parents In Child Custody." 3 Dec 2008. 

MARRIAGE -- NATURE AND VALIDITY OF MARRIAGE CONTRACT. Pub. L. 32-209. 8 Dec. 2008. Available at: http://www3.state.id.us/cgi-bin/newidst?sctid=320020009.K

PROCEEDINGS ON ADOPTION. Pub. L. 16-1506. 8 De. 2008.   Available at: http://www3.state.id.us/cgi-bin/newidst?sctid=160150006.K

ACTS PROHIBITED. Pub. L. 67-5909. 8 Dec 2008. Available at: http://www3.state.id.us/cgi-bin/newidst?sctid=670590009.K

McGriff v. McGriff, 99 P.3d 111 (Idaho 2004).

American Civil Liberties Union of Idaho. "McGriff v. McGriff." Reproductive Freedom. 01 October 2008.

I chose this website because it is from ACLU which is a reliable human rights organization and it is about a civil rights case. It's perfect for my wikipedia. Cases are important and they are all over wikipedia so this was an awsome and insightful find.

L. Witt, Stephanie and Suzanne McCorkle, eds. Anti-gay Rights: Assesing Voter Initiatives. Connecticut: Wesport, 1997.

Ann Andersen, Ellen. Out of the Closets & Into the Courts : legal opportunity structure and gay rights litigation. Michigan: Ann Arbor. University of Michigan Press, 2006

Russell, Betsy Z. "Sexual orientation taken up: Bill, with sponsors from both parties, would add it to anti-discrimination laws." Spokesman-Review, The (Spokane, WA) (22 Jan. 2008). Newspaper Source. EBSCO. Albertsons Library, Boise, ID. 20 Nov. 2008 

Andrea Stone. "Gay candidates aim for legislative seats in effort to further..." USA Today (n.d.). Academic Search Premier. EBSCO. Albertsons Library, Boise, ID. 22 Oct. 2008 .

This article only mentions Idaho in a couple of sentences but they are some very imformative and useful sentences. It mentions "Idaho Rep. Nicole LeFavour helped stop a bill that would have required a parent's signature to allow students to join gay and lesbian clubs in high schools." That is something i might want to include and also someone i would want to look into and it's the most recent article.

"Oh say can you see? (BTW)." The Gay & Lesbian Review Worldwide 9.4 (July-August 2002): 8(1). InfoTrac GLBT Life and Issues. Gale. Boise State Univ/ Albertsons Lib. 22 Oct. 2008 .

an article about a gay flag burning at the University of Idaho campus.

"Parenting Laws: Joint Adoption." 8 Dec. 2008. http://www.hrc.org/documents/parenting_laws_maps.pdf

mentions adoption rights in the united states by state.

State v. Holden, 126 Idaho 755, 761, 890 P.2d 341, 347 (Ct. App. 1995). 8 Dec. 2008.

"Jim Crow goes gay in Idaho." Advocate (11 Apr. 2006): 21-21. Academic Search Premier. EBSCO. Albertsons Library, ID 10 Dec. 2008 http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=20561137&site=ehost-live.

It's about a group people plastered downtown Boise with Jim Crow-esque inspired stickers that read things like heterosexuals only.

Carmona, Jeff. "Anti-gay initiatives cause anxiety on state campuses." Chronicle of Higher Education 40.30 (30 Mar. 1994): A32. Academic Search Premier. EBSCO. Albertsons Library, Boise, ID. 22 Oct. 2008 

Druzin, Heath. "Idaho Values Alliance is in financial straits." Idaho Statesman, The (Boise, ID) (15 Nov. 2007). Newspaper Source. EBSCO. Albertsons Library, Boise, ID. 20 Nov. 2008 http://search.ebscohost.com/login.aspx?direct=true&db=nfh&AN=2W62W61922273133&site=ehost-live.

"CROSS COUNTRY." Advocate (14 Feb. 2006): 19-19. Academic Search Premier. EBSCO. Albertsons Library, Boise, ID. 10 Dec. 2008 http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=19706196&site=ehost-live.

"The antigay group Idaho Values Alliance announced on January 8 that it would push for a state constitutional amendment banning same-sex marriage. Legislative attempts to pass such an amendment have failed the past two years."

"History." 9. Dec. 2009. http://www.glapn.org/sodomylaws/usa/idaho/idaho.htm

Idaho was the third state to repeal. Immediately following the repeal they reinstated the old sodomy law and they were the first state to do so.