Nicole's Report on the 2006 Legislative Session

In Idaho today a person can be fired from their job simply for being gay. Yet across the state most Idahoans know someone gay, lesbian, bisexual or transgender. While the environment is changing, and most Idahoans are growing very accepting, Idaho policy is far behind.

In November 2006 Idaho passed a constitutional amendment banning marriage, civil unions and similar protections for same gender couples. In fact the amendment passed with a far lower vote total than many expected. With little campaign on either side of the issue, Idahoans were far more fair minded than voters in many states across the nation.

However this constitutional amendment created serious challenges for any unmarried couple in the state of Idaho. As long as the Constitutional Amendment remains in place and has not yet been overturned by voters or the courts, any couple needing to address issues of hospital visitation, inheritance, custody, burial, social security, and other survivorship issues, will be at a staggering legal disadvantage.

Even worse, the state legislature and voter initiative process is now banned from passing legislation to create protections such as civil unions or domestic partnerships which allow couples to have the right to protect their families and property in the absence of the right to marry,

I have attached here several tools which the state of Idaho already provided (and which I have been proud to support and legislatively sponsor) which may allow couples to address some legal issues around survivorship and emergency medical and legal decisions.

PLEASE NOTE: these forms must be filed properly and currently in Idaho because hospitals are not required to honor them, it is wise to always carry the wallet card in case of medical emergency. ALSO NOTE: because of the passage of Idaho's constitutional amendment, little legal recourse remains for couples. Even the most well planned legal arrangements can not begin to match the set of rights and privileges which is automatically granted with a marriage license.

For same gender couples like Carol and I, we can not become next of kin and so are excluded from a great number automatic provisions in federal law. PLEASE SEEK THE ADVICE OF AN ATTORNEY if you are able to afford one. If not, I hope these documents are helpful. Carol and I do not have an attorney ourselves but are completing these documents now. We wish you and your family well.

Please call me with questions you have about these issues (I am not an attorney though and can not offer legal advice) or if you would like to discuss ideas or legislative concerns. My personal cell phone number is 208-724-0468.