What constitutes marriage
(1) Marriage is a personal relation arising out of a civil
contract between a man and a woman, to which the consent
of parties capable of making it is necessary. Consent alone
will not constitute marriage; it must be followed by the
issuance of a license and a solemnization as authorized
and provided by law. Marriage created by a mutual assumption
of marital rights, duties or obligations shall not be recognized
as a lawful marriage.
(2) The provisions of subsection (1) of this section requiring
the issuance of a license and a solemnization shall not
invalidate any marriage contract in effect prior to January
1, 1996, created by consenting parties through a mutual
assumption of marital rights, duties or obligations.
(Idaho Statute Section 32-201)
Recognition of foreign or out-of-state marriages
All marriages contracted without this state, which would
be valid by the laws of the state or country in which the
same were contracted, are valid in this state, unless they
violate the public policy of 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 of
this state.
(Idaho Code Section 32-209)
A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.
(Idaho Constitution, Article III, Section 28, approved by 63% of voters on Tuesday, November 7, 2006)
