A marriage amendment to Idaho's state constitution, adopted only nine years ago, has been rendered useless by a US Supreme Court decision. But wiping it off the books may prove to be difficult, or even impossible.
The amendment enshrines marriage as only between a man and a woman. Statutory law echoes the limitation. But since the Supreme Court struck down gay marriage bans last week, Idaho's constitutional definition is unenforceable.
If the language is to be erased from the state's basic law document, it'll be up to the Legislature to initiate it, and then to a simple majority of Idaho voters to approve it. But Idahoans have historically been stubborn about removing obsolete provisions from the constitution.
In the original 1890 document, lawmakers attempted to disenfranchise Mormons by stripping them of voting rights, holding office or serving on juries. But even though Mormons now dominate both chambers of the Idaho Legislature, the state didn't get around to erasing the anti-Mormon language until 1982.
Removing the marriage amendment may also face legislative inertia. Senate Majority Leader Bart Davis of Idaho Falls said he believes that no legislative action is required. Additionally, the next legislative session comes in a presidential election year, a time when lawmakers shy away from votes that could be used against them.
