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 | Allow same-sex couples to marry, as in Massachusetts. This bill was proposed by Rep. Maureen Baxley (D), the executive director of New Hampshire Freedom to Marry. |
| Allow them to enter into civil unions, as in Vermont. This bill was proposed by Rep. Jim Splaine (D). He doubts that the legislature would be unwilling to approve SSM. He said: "I believe the process of lawmaking needs compromise. If you do not believe that we can do marriage in 2007, then I urge you to do the next best thing." |
| Have the state recognize legal SSM and civil unions entered into in other states, as in Rhode Island. This bill was proposed by Rep. Marlene DeChane (D). It would repeal a 2004 law that prevents New Hampshire from recognizing marriages performed elsewhere. Rep. Ed Butler (D) said that the current law "... has been causing divorce at the border. This bill will reverse that inequality." |
Some comments at the committee meeting:
| Sen. Bob Clegg, (R) proposed a form of "contractual cohabitation." This would give any two adults -- same-sex or opposite-sex -- who enter into an agreement before a justice of the peace all of the benefits of marriage. |
| Kevin Jordan, a resident of Nottingham, NH, testified: |
"To me, marriage in general has always been a religious union. I do not support marriage between a woman and a woman, two women and a man, and a man and a goat."
| Nancy Mari of Londonderry said that homosexuality is a trap. She
prophesized that allowing SSM would contribute to the end of humanity. She
said: "If we continue in this way, then God's judgment is coming." |
| Senator Jacalyn Cilley (D) said: |
"It is, to my mind, unconscionable that we force gay and lesbian couples to live in non-legal limbo, giving them no legal rights toward each other. Our great state, beyond perhaps any other, is grounded in the notion of individual liberty for each of its citizens. It is time that these same individual liberties are extended to our gay and lesbian citizens."
| Rep. Mo Baxley (D) said: "Doesn't that word [marriage] bring with it dignity?" He suggested that any form of civil union would be a form of discrimination. |
| Raymond Buckley, a former Democratic lawmaker suggested that the state introduce civil unions as a first step. He said: "I don't agree with those who say we should kill the good while waiting for the perfect." |
| Pamela Colantuono of Manchester opposes SSM. She said: "It's the watering down of our culture. Massachusetts has run amok. I do not want to see New Hampshire in the same way." |
| Robert Theberge, a co-sponsor of Marlene DeChane's bill said: "A lot of people will be hiding behind their religious beliefs. [But the bill] is the Christian thing to do." 2,3 |
2007-APR-04: Civil Unions bill passes House:
Bill HB 437 "AN ACT permitting same gender couples to enter civil unions and have the same rights, responsibilities, and obligations as married couples" 4 passed the New Hampshire House with an overwhelming vote of 243 to 129. Republican members of the house attempted to weaken the bill by introducing a series of amendments. All were defeated.
| Rep. Mark Clark (R) said: "The fact is this is not an issue of civil rights, as been told over and over again. I believe civil unions strike at the very core of our society." |
| Rep. Nancy Elliott (R) told the House that the bill was a gay marriage bill in disguise. She said that if it becomes law: "... marriage will lose its meaning, and the need for marriage will decrease as it becomes irrelevant." |
| Lee Swislow, Executive Director of Gay & Lesbian Advocates & Defenders said: "The journey is not over until we have equality, until we have the same protections and choices as other New Hampshire citizens, until we have marriage." 5 |
2007-APR-12: Senate committee approves bill:
Hearings were held by the Senate's Judiciary Committee on a bill a bill to create a system of civil unions in New Hampshire.
| Gene Robinson, the Episcopal bishop of New Hampshire, asked the Senate to pass the bill. He is the only openly gay bishop in the worldwide Anglican Communion. He said that the bill would enhance religion, not threaten it. He suggested that the state should embrace same-sex couples who value monogamy and commitment. He said: |
"Would that we could get all heterosexual couples to take these commitments and responsibilities so seriously. ... 'What we seek in the civil realm is the equal treatment by the state government in supporting this development of our relationship with the legal, financial and societal underpinnings which are afforded married couples at the very moment they say 'I do,''' he said.
| Diane Murphy Quinlan, chancellor of the Roman Catholic Diocese of Manchester warned that civil unions would harm traditional marriage. She said: |
''No other form of relationship between persons can be considered equivalent to a natural relationship between a man and a woman out of whose love it is possible for children to be born. ... 'Marriage is not simply a matter of emotion between two people or a lifestyle choice."
The Roman Catholic Church does not approve of in-vitro fertilization and artificial insemination, and thus does not give weight to same-sex couples who use these techniques to form a family by conceiving children together. 6
The committee approved the bill by vote of 3 to 2. All three Democrats voted in favor; both of the Republicans voted against it. The bill was sent for a vote in the Senate, which was originally scheduled for APR-18. 7
2007-APR-15: Union Leader newspaper conducts Internet poll:
The Union Leader conducted an Internet public survey on civil unions. 1,753 persons participated; 53.3% opposed civil unions for same-sex couples; 46.7% were in favor.
This poll immediately raises two questions:
| How representative were the participants? They were self-selected. It is well known that those who oppose equal rights for gays, lesbians and bisexuals are much more highly motivated to make their opinions known that are those who favor equal rights. |
| What percentage of the public is needed to reject civil unions? The right to enter into a relationship and have that bond recognized by the state is as fundamental and important a right as any that exists. Should a minority of adults identified by their sexual orientation be denied such an important right by a simple 50% plus one vote? |
As expected, many of those opposed to civil unions for loving and committed same-sex couples cited religious reasons for their position. Many of those who favor civil unions said that they are an basic civil right. Some comments:
| Isaac Masana of Somersworth wrote: |
"Do you really think that two April Nor'easters on the exact same days of the voting of this bill ... are a coincidence? I personally think God is not entirely pleased with the way the state of New Hampshire is voting in regards to gay and lesbian lifestyles. Remember Sodom and Gomorrah?"
| Wendy Theriault of Nashua wrote: |
"As far as marriage being a vehicle for producing children, does that mean that all childless marriages are invalid? ... Is love in such abundant supply in this world that we can afford to legislate against it?"
| David Holt of Derry said that allowing anything other than a marriage between a man and woman would lead "to a tragic downfall of our society." |
| An anonymous gay male who has been in a 26 year relationship said that government recognition of same-sex relationships "... has already happened all around us and the sky has not fallen. Vermont and Massachusetts have not seen the disintegration of their societies, rather they have enriched their society by acknowledging the worth of all citizens." |
| Bill Maynard of Manchester wrote that the: |
"... same-sex union concept is totally misguided. We are not talking about equal rights. We're talking about perversion of nature and of God's will. It's immoral and unnatural. ...Next misguided ignorant perverts will request marriage of minors, multiple persons, animals, trees, whatever. The perversion must be stopped now!!"
| Kevin Jordan of Nottingham wrote: |
"The nation was built upon marriage between one man and one woman ... This tradition goes back 10,000 years. Who are we to play God and change the order of the universe?" 7
| A Dartmouth College-area resident who has been in a same-sex relationship for 24 years wrote: |
"I have cared for, cooked, cleaned, worried and done the things that most couples do. Yet I don't have the same rights... I wish I could turn the tables and all the straight women who have devoted their lives to taking care of their husbands couldn't get medical coverage, Social Security or retirement benefits. And if some other family member contested your husband's will you would most likely lose all that the two of you worked hard for in life."
| Jerry Sneirson of Newmarket wrote: |
"Disapproval of a person's nature is unacceptable discrimination. 'Live free or die' and 'live and let live' are not incompatible ideas." ["Live free or die" is the official motto of New Hampshire.]
| Amy Neithercut of Goffstown, a Republican supporter, is unhappy that the legislature is considering civil unions without allowing the public the opportunity to veto them. She wrote: |
"They are supposed to represent the people, but it appears that many of the representatives are more interested in advancing their own personal agendas than listening to their constituents. If civil unions are allowed and recognized in New Hampshire, it will have a profound affect on families and businesses. I hope that Lynch has the foresight to realize what a mistake this would be for our state and vetoes this bill if it passes the Senate."
| A Merrimack Valley resident favors same-sex civil unions and wrote: "Why should heteros suffer alone?" 8 |
2007-APR-14: Senate vote delayed:
The vote scheduled for APR-18 in the Senate was indefinitely delayed. Senate President Sylvia Larsen indicated that she is responsible for postponing the vote. She said: "I didn't want the senators to be rushed when it came time to be voting on civil unions." 9
The bill is expected to pass narrowly in the Senate where the Democrats have a much narrower plurality than in the House. The governor would then have the choice of signing the bill, vetoing it, or allowing it to become law by default without his signature.
2007-APR-19: Governor favors bill:
Governor John Lynch (D) discussed the bill with lawmakers, including most of the 24 state senators. He announced that he would sign the bill if it is approved by the Senate. He told the Associated Press:
"New Hampshire has a proud history and tradition of taking the side of opposing discrimination where it occurs. This bill will go a long way toward ensuring that. ... I believe it is a matter of conscience, fairness and preventing discrimination."
State Republican Chairman Fergus Cullen disagreed, saying:
"The Democrats are going too far, too fast and Governor Lynch is going along with them. These are not the actions of a moderate governor."
Democratic state Rep. Bette Lasky said:
"It's never going too far when you give people their rights and I honestly believe that the majority of people in this state want to do just that and do not want to discriminate."
The Family Research Council's Washington Update covered this story, quoting the Manchester Union Leader Internet poll, but ignoring the more accurate Research 2000 poll which shows that a majority of voters favor civil unions. The Council's report stated:
"... the governor is deliberately misleading voters. The reality is, civil unions are same-sex 'marriage.' The only difference between the two is the name. While the term 'civil union' may seem more palatable, make no mistake--this legislation confers all of the rights and legal standing to homosexual couples that marriage does. ... A defeat in New Hampshire would be a significant setback for the sanctity of marriage in New England, which already counts Massachusetts, Vermont, New Jersey, and Connecticut among its disappointments." 11
The report is not accurate. Same-sex couples in New Hampshire would only be given a few state hundred benefits under the civil union bill. Opposite sex married couples receive over 1,000 additional benefits from the Federal Government.
The bill is scheduled to be debated during the week of APR-22. Most observers expect it to pass. It would legalize civil unions starting in 2008.
2007-APR-26: Senate approves bill:
The senate approved the bill by a vote of 14 to 10 on APR-26, strictly along party lines with all of the Democrats voting in favor and all of the Republicans voting against the bill.
Episcopal Bishop V. Gene Robinson of New Hampshire, who is the focus of major unrest in the Anglican Communion, said: "My partner and I look forward to taking full advantage of the new law."
Sen. Robert Letourneau (R) said:
"Let's just call it what it really is, no sugarcoating. This creates same-sex marriage. There is no right to marriage in either the New Hampshire Constitution or the federal Constitution. ... We don't let blind people drive or felons vote, all for good and obvious reasons."
Sen. Bob Clegg (R) said:
"Just so you know, it's really gay marriage. It was done as a 'civil unions' bill, but an addition to the bill in the House states that if you get married in another state, that marriage will be recognized under the civil-unions statute. So, basically, they're going to start recognizing gay marriages performed in other states." 13
In reality, it would give same-sex couples only the few hundred state privileges previously reserved for opposite-sex married couples. Same-sex couples would still be denied over 1,000 federal benefits.
State Representative Gail Morrison said: "My partner and I have already spoken to our minister and we will be having a civil union the instant it is possible to do so."
Governor John Lynch signs bill:
Governor John Lynch (D) signed the bill on 2007-MAY-31. It will go into effect in 2008-JAN. That gives folks in New Hampshire seven months to get used to the idea of recognizing same-sex relationships instead of treating them as roommates.
Governor Lynch said:
"I’ve listened and I’ve heard all the arguments. I do not believe that this bill threatens marriage. I believe that this is a matter of conscience and fairness. ... We in New Hampshire have had a long and proud tradition taking the lead in opposing discrimination. Today that tradition continues." 14
MSNBC reported:
"Couples who enter civil unions will have the same rights, responsibilities and obligations as married couples. Same-sex unions from other states also would be recognized if they were legal in the state where they were performed."
Actually, the first sentence is in error. Same-sex couples who enter a civil union will be denied over 1,000 federal benefits given automatically to opposite-sex married couples.
Episcopal Bishop Gene Robinson, the first openly gay bishop in the denomination, was present. He commented:
"This is not a radical departure. This is a real confirmation of what New Hampshire has always been about: the freedom of its own citizens and fairness for everyone."
He said that he would not instruct Episcopal priests in New Hampshire to bless same-sex unions. He will make the decision a local option for the individual priests. Robinson said:
"That authority belongs to them and I would not in any way ask them not to do that. ... Just like in marriages, every priest will have the option to bless or not to bless." 14
References used:
The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.
- "Poll: Civil unions OK, gay marriage not," Associated Press, 2006-DEC-26, at: http://www.unionleader.com/
- Sarah Liebowitz, "Same-sex unions spur debate. Both sides invoke God in arguments," Concord Monitor Online, 2007-MAR-06, at: http://www.concordmonitor.com
- "Marathon Session Hears Gay Marriage Proposals In New Hampshire," 365Gay.com, 2007-MAR-06, at: http://365gay.com/
- "HN 437-FN-Local - As amended by the House," Text of the House bill, 2007-APR-04, at: http://www.gencourt.state.nh.us/
- "NH House OKs Civil Unions," 365Gay.com, 2007-APR-04, at: http://365gay.com/
- "Gay Bishop Urges Approval Of Civil Unions In N.H.," 365Gay.com, 2007-APR-11, at: http://365gay.com/
- Tom Fahey, "Civil unions head into homes stretch," Union Leader, at: http://www.unionleader.com
- Pat Grossmith, "Web survey: 53% say no civil unions," New Hampshire Union Leader, 2007-APR-15, at: http://www.unionleader.com/
- Beverley Wang, "Senate: delay vote on civil unions," Associated Press, 2007-APR-14, at: http://www.unionleader.com/
- Norma Love, "Gov. Lynch will sign civil unions bill," Union Leader, 2007-APR-20, at: http://www.unionleader.com/
- Tony Perkins, "Lynch Flinch on Civil Unions," Washington Update, 2007-APR-20.
- Beverly Wang, "N.H. lawmakers approve civil unions," Associated Press, 2007-APR-26, at: http://news.yahoo.com/
- John Collins, "Hudson senator slams Lynch's backing of civil unions," The Broadcaster, 2007-MAR-27, at: http://www.nhbroadcaster.com/
- "New Hampshire governor signs civil unions bill. Move legalizes unions for gay couples starting next year," MSNBC, 2007-MAY-31, at: http://www.msnbc.msn.com/
Copyright © 2007 by
Ontario Consultants on Religious Tolerance
Originally written: 2007-APR-19
Latest update: 2007-APR-26
Author: B.A. Robinson
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