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. A minor under eighteen (18) and not less than sixteen (16) years of age may not contract marriage with a person of the age of majority where there is an age difference of three (3) years or greater between them. No marriage license for a minor under the age of eighteen (18) and not less than sixteen (16) years of age shall be issued where there is such an age difference between the parties. 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) and not less than sixteen (16) years of age and the female under eighteen (18) and not less than sixteen (16) 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. Where the female is under the age of sixteen (16), or the male is under the age of sixteen (16), the license shall not be issued.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1969–2022 · leading case:
Carver v. Hornish, 518 P.3d 1175 (Idaho 2022).
Carver v. Hornish, 518 P.3d 1175 (Idaho 2022).
· cites it 34× “2d 590, 591 (1945), is emancipated by marriage, I.C. § 32-202, or is emancipated by legal proceeding, Embree v.”
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “§ 572-2 (1993) Idaho 18 Idaho Code § 32-202 (Michie 1996) Illinois 18 Ill.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “§ 572-2 (1985) Idaho Idaho Code § 32-202 (1983) Ill. Ill. Rev.”
Jon Thompson v. Kel-Lee Bybee, 384 P.3d 405 (Idaho Ct. App. 2016).
· cites it 14× “was seventeen, Bybee consented, pursuant to Idaho Code § 32-202 , to AT.’s marriage. Thompson did not learn of the marriage until five days after it occurred.”
State v. Soura, 796 P.2d 109 (Idaho 1990).
· cites it 4× “See I.C. § 32-202. NOTES [1] Instruction No. 10 stated in full: All persons are not mentally equal.”
Andersen v. King Cnty., 138 P.3d 963 (Wash. 2006).
“I, § 23 Idaho: Idaho Code Ann. § 32-202 (Michie 2006) Illinois: 750 Ill.”
Andersen v. King Cnty., 158 Wash. 2d 1 (Wash. 2006).
“I, § 23 Idaho: Idaho Code Ann. § 32-202 (Michie 2006) Illinois: 750 III.”
Miller v. Mangus, 893 P.2d 823 (Idaho Ct. App. 1995).
· cites it 2× “Sandra argues that she adhered to I.C. § 32-202 which requires that a child between seven and fifteen years of age must be instructed in subjects commonly and usually taught in the public schools of the state of Idaho, and if the child’s parent or guardian fails to provide this…”
State v. Bronson, 486 P.2d 1019 (Idaho 1971).
· cites it 2× “I.C. § 32-202. . A district court judge may commit a juvenile offender to the Juvenile Rehabilitation Division of the State Board of Health, with the recommendation that the offender be committed by that agency to the State Youth Rehabilitation Center.”
Garrett v. Chapman, 449 P.2d 856 (Or. 1969).
“Idaho’s statutory law is embodied in Idaho Code, § 32-202, which is as follows: “Persons who may marry—-Any unmarried male of the age of 18 years or upward, and unmarried female of the age of 18 years or upward, and not otherwise disqualified, are capable of consenting to and…”
Latta v. Otter, 779 F.3d 902 (2015).
“Compare Idaho Code Ann. § 32-202 (individuals must be 18 to marry without parental consent), with Miss.”
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