Senate approves marriage legislation

BOISE – Voters will decide in November if the Idaho Constitution should define marriage as a union between a man and a woman, after the state Senate approved the amendment by a 26-9 vote on Wednesday.

The amendment, which is aimed at preventing same-sex marriages, would also ensure that people in civil unions lack the rights of those in traditional marriages.

Similar legislation proposed last year was three votes shy of the two-thirds Senate majority that is required to place a constitutional amendment on the ballot. But five senators voted differently this year, and support met the two-thirds requirement with two votes to spare.

“I’m not surprised that those senators changed their votes,” said Sen. Shawn Keough, R-Sandpoint, who voted for the amendment both years. “They were responding to their constituents.”

The House approved the amendment 53-17 last week. State law already prohibits same-sex marriage, but supporters of the amendment say “activist judges” threaten to trump that law and that constitutional protection – already implemented in 19 other states – is needed.

Sen. John Goedde, R-Coeur d’Alene, voted yes, a change from last year.

“This is an issue that is not going way,” Goedde said after the vote. “The modifications that were made in this year’s over last year’s may be the best effort that we can see. So let’s let the people vote on it and then let’s take the court challenges.”

Majority Caucus Chairman Sen. Brad Little said changes in the language from last year were enough for him to support the amendment this time around, despite voting against it in a committee meeting last week.

Little, R-Emmett, said lawmakers need very good reasons to go against the wishes of their constituents, and the language flaws he pointed out during last week’s meeting are not enough to keep him from voting no.

“I don’t think it’s necessary; I’m not very excited about it,” Little said.

Sen. Dick Compton, R-Coeur d’Alene, also voted in favor of the amendment after voting against it last year. He said Idahoans should have the final say on the issue.

“I will vote ‘aye,’ but I tell you when I vote in my district I will vote ‘no,’ ” Compton said.

Sen. Gary Schroeder, R-Moscow, voted no.

“This is all about politics and votes, good senators,” Schroeder said during floor debate.

He warned that an amendment could have economic consequences.

“How do we attract companies with international and national clientele to Idaho in this kind of a circumstance?” Schroeder asked.

Sen. Joe Stegner, the assistant majority leader, also voted against the amendment, as he did last year, saying it uses the majority to take away the rights of a minority.

That, he said, goes against the basic principles of fairness taught in public schools.

“For all of those reasons I find this constitutional amendment as something that I can’t support, as something that as long as I’m in public service I will never support,” said Stegner, R-Lewiston. “And I hope I will always have the courage to stand on this floor and say that.”

Sen. Mike Jorgenson, R-Hayden Lake, voted for the amendment.

“I’m really happy for North Idaho – I’m happy for all of Idaho,” Jorgenson said. “It’s part of what I believe District 3 needs and wants.”

The Senate debated for nearly two hours below a packed viewing balcony before voting. Brief applause was heard in the balcony after the vote, as was a loud cry of “boo.”