LGBTQIA+ Rights

The ACLU of Idaho strives for a state free of discrimination based on sexual orientation and gender identity. That is, we work toward building an Idaho where an individual who identifies as part of the LGBTQ community can live openly, with dignity, and with the same civil rights and protections as everyone else. Our LGBTQ+ community should live in an Idaho where their identities, relationships and families are respected, and, just like everyone else, should be treated fairly on the job, in schools, housing, public places, health care and government programs.

Currently, twelve cities have protections for people based on sexual orientation and gender identity in employment, housing, and public accommodations. These laws are called nondiscrimination ordinances. Non-discrimination ordinances (NDOs) are local laws that protect individuals from discrimination based on characteristics like race, gender, sexual orientation, gender identity, and religion. They apply to areas such as employment, housing, and public accommodations, ensuring equal treatment and preventing discriminatory practices within the jurisdiction.

• Sandpoint: passed in 2011
• Boise: passed in 2012
• Ketchum: passed in 2013
• Moscow: passed in 2013
• Coeur d'Alene: passed in 2013
• Pocatello: passed in 2013
• Lewiston: passed in 2014
• Victor: passed in 2014
• Driggs: passed in 2015
• Hailey: passed in 2015
• Bellevue: passed in 2015
• Meridian: passed in 2018
• Idaho Falls: passed with protections that include protections in public accommodations in 2020

Only two counties in Idaho have NDO’s. Ada county passed a non-discrimination ordinance in 2020 based on sexual orientation or gender identity and applies to areas like employment, housing and public accommodations. Latah county also has an anti-discrimination ordinance in place that cannot discriminate because of sexual orientation and gender identity, this only applicable to county employees.

If the potential discrimination happened in a city without a nondiscrimination ordinance, you may not be protected. Please Contact our office and the Idaho Human Rights Commission for more information on referrals and other avenues you can take.

These ordinances can be challenged at any time, making it crucial for community members to stay informed about local and state efforts to repeal them. For instance, Pocatello narrowly protected its ordinance, and there have been attempts at the state legislature to limit the power of municipalities. It is crucial to remain vigilant and proactive in defending these protections.

There are no official statewide protections for people on the basis of sexual orientation and gender identity. The ACLU of Idaho works closely with Add the Words, Planned Parenthood, Pride Foundation and other LGBTQ organizations to continue to try to pass inclusive statewide legislation.

It has been legal for same sex couples to be married in the state of Idaho since Oct 15, 2014. At the federal level, all same sex couples have the right to marry, according to the Obergefell v. Hodges Supreme Court decision, received on June 26th, 2015. The decision ensured that same-sex couples in all 50 states have the right to get married and have their marriages recognized in whichever state they live.

LGBTQ students have the right to:

• attend school, free of harassment due to their sexual orientation and/or gender identity,
• organize Gay-Straight Alliances and other clubs
• the same 1st amendment rights to freedom of speech as other students
• wear the gendered type of clothes that they feel comfortable in at prom or other dances
• take a same sex date to prom or other dances.
• The concept of not being "outed" at school or to parents or family has changed in Idaho due to a recent law requiring students to have signed permission to use their preferred pronouns, effectively outing them. While you still have rights against discrimination, their application has changed. For example, the Nampa School District's "Don't Say Gay" policy further restricts your rights. This push for such policies can impact how discrimination protections are implemented.

See more about your rights as a student here.

The rights of transgender students to use gendered facilities that match their gender identity are still being battled in the courts, but if you are a transgender student or the parent of a transgender student and are concerned about the ability to use gendered facilities, please contact us.

In Idaho, there are different processes for changing your name, depending on whether you are over or under 18 years old, and whether the name change is because of marriage.

For Idahoans at least 18 years old seeking a name change unrelated to marriage, the process involves a court order, paying fees, giving public notice, and attending a hearing. Basically, you will need to take the following steps:

1. To begin, you will need to ask (or “petition”) the court to change your name. The petition involves filling out forms, which you can find and download from the Idaho Court Assistance Office website.
2. After filling out your name change forms, you’ll return them to the Clerk’s Office in your county’s courthouse. It costs $166.00 (as of June 20, 2024) to file your name change petition.
3. Next, you’ll publish your name change in a local newspaper for four consecutive weeks. Legal name change notices usually run between $70 and $120 (the Idaho Statesman quoted between $70 and $85, and noted the price may vary based on how long the publication runs).
4. The final step involves attending a court hearing for your name change. If your name change is granted during the hearing, the court will give you your approved legal name change document.

Driver’s Licenses

After receiving your approved legal name change document (sometimes called a “court ordered name change document”) you can pay a fee (about $30) to change the name on your driver’s license, vehicle title and registration, with IRS, U.S. postal service, and on your insurance, bank account, and credit cards. The process involves filling out an online form (available here).

Once you complete the online form and payment, you can change the name on your Social Security card by re-applying for a card here. You’ll need your passport, driver’s license or ID, and the process is free.

You can also update your name on official documents in-person at your local DMV. Working with the DMV involves a slightly different process: you must first notify the Social Security Administration (SSA) of your name change, provide the SSA with your legal name change paperwork, and request a replacement Social Security card.

The SSA will then send confirmation of your name change. You would then bring the SSA confirmation to your county’s DMV office, where the DMV will verify your name change and update your Idaho driver’s license.