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)
Currently no applicable litigation