[Vision2020] Idaho House OKs Gay Marriage Ban Amendment.

[Tom Hansen]

  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 2
             MARRIAGE -- NATURE AND VALIDITY OF MARRIAGE CONTRACT
    32-202.  PERSONS WHO MAY MARRY. Any unmarried male of the age of
eighteen
(18) years or older, and any unmarried female of the age of eighteen (18)
years or older, and not otherwise disqualified, are capable of consenting to
and consummating marriage. Provided that if the male party to the contract
is
under the age of eighteen (18) and not less than sixteen (16) years of age,
or
if the female party to the contract is under the age of eighteen (18) and
not
less than sixteen (16) years of age, the license shall not be issued except
upon the consent in writing duly acknowledged and sworn to by the father,
mother or guardian of any such person if there be either, and provided
further, that no such license may be issued, if the male be under eighteen
(18) years of age and the female under eighteen (18) years of age, unless
each
party to the contract submits to the county recorder his or her original
birth
certificate, or certified copy thereof or other proof of age acceptable to
the
county recorder. Provided further, that where the female is under the age of
sixteen (16), or the male is under the age of sixteen (16), the license
shall
not issue except upon the consent in writing duly acknowledged or sworn to
by
the father, mother or guardian of such person if there be any such, and upon
order of the court. Such order shall be secured upon petition of any
interested party which petition shall show that the female minor under the
age
of sixteen (16), or the male minor under the age of sixteen (16), is
physically and/or mentally so far developed as to assume full marital and
parental duties, and/or that it is to the best interest of society that the
marriage be permitted. A hearing shall be had on such petition forthwith or
at
such time and upon such notice as the court may designate. The judge shall
secure from a physician his opinion as an expert as to whether said person
is
sufficiently developed mentally and physically to assume full marital
duties.
If said court is satisfied from the evidence that such person is capable of
assuming full marital duties and/or that it is to the best interest of
society, said court shall make an order to that effect, and a certified copy
of said order shall be filed with the county recorder preliminary to the
issuance of a marriage license for the marriage of such person and said
order
of the court shall be the authority for the county recorder to issue such
license.