BOISE, Idaho (AP) - A federal judge has ordered the Idaho Legislature to repeal unconstitutional laws before the end of this year’s legislative session, but Idaho lawmakers aren’t jumping to take on the challenge.
The inaction is part of the ongoing hesitation of Idaho’s Republican supermajority to remove unenforceable laws that are sprinkled in both the state’s Constitution and laws.
Most recently, U.S. District Court Judge B. Lynn Winmill signed off on a settlement that was contingent on the Statehouse repealing sections of two laws banning women from receiving abortion-inducing medication through telemedicine. If not, Winmill will declare the laws unconstitutional.
“We feel that even though we disagree with Winmill’s ruling, we’re going to comply and repeal those sections,” said House Assistant Majority Leader Brent Crane of Nampa. “I met with the attorney general’s office (this week) to go over the language, and that language is being shopped around.”
Meanwhile, in September, Winmill approved of a separate settlement that paused an ongoing lawsuit to wait and see if the Idaho Legislature would amend the Idaho law banning businesses from serving alcohol during any live performances that depict simulated sex or masturbation.
In 2016, Idaho lawmakers repealed a similar ban for movie theaters. But so far, leadership hasn’t taken steps to repeal the law.
“I haven’t seen any language on that yet,” Crane said, adding he didn’t know if lawmakers would revoke the language this legislative session.
If the Legislature doesn’t act despite urgings from a federal court, it won’t be the first time. Idaho has a history of keeping debunked laws on the books.
For example, nestled in the Idaho Constitution remains the provision that defines marriage as only between a man and a woman. Amending the Idaho Constitution first requires approval from the Republican-dominated Legislature. The proposal must then win a simple majority in a voter referendum - a tough task for even lesser politically-charged initiatives.
Furthermore, Idaho’s original constitution - drafted in 1890 - disenfranchised anyone who practiced polygamy, encouraged polygamy or supported organizations encouraging polygamy as a way to strip Mormons of their right to vote, holding office or serving on juries.
Today, the Idaho Legislature is prominently led by Mormons in both chambers, but the state didn’t remove the anti-Mormon language until 1982. More than 100,000 people voted to keep the ban.
That same resistance raised its head once again this legislative session when a handful of Republican lawmakers refused to approve a typically mundane federal tax conformity bill because a handful of opposing lawmakers argued the state should not be recognizing same-sex marriages. The measure passed the House on a 51-18 vote. However, the Senate unanimously cleared the bill a week later.
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