Wednesday, June 3, 2009

New Hampshire Legalizes Same-Sex Marriage

The New Hampshire legislature approved revisions to a same-sex marriage bill on Wednesday, and Gov. John Lynch promptly signed the legislation, making the state the sixth in the nation to let gay couples wed.The bill had been through several permutations in an effort to satisfy Mr. Lynch and certain legislators that it would not force members of religious groups that oppose same-sex marriage to participate in ceremonies celebrating it.

Mr. Lynch, who previously supported civil unions but not marriage for same-sex couples, said in a statement that he had heard “compelling arguments that a separate system is not an equal system.”

“Today,” he said, “we are standing up for the liberties of same-sex couples by making clear that they will receive the same rights, responsibilities — and respect — under New Hampshire law.”

The law will take effect on Jan. 1. As originally cast, the legislation exempted members of the clergy from having to perform same-sex weddings. Then Mr. Lynch, a centrist Democrat, said he would veto the bill unless the legislature added language also exempting religious groups and their employees from having to participate in such ceremonies.

Mr. Lynch also ordered that the bill protect members of religious groups from having to provide same-sex couples with religious counseling, housing designated for married people and other services relating to “the promotion of marriage.”

But the House rejected that language last month by a two-vote margin, and legislative leaders appointed a committee to negotiate a compromise.

The committee last week recommended small changes further emphasizing the rights of religious groups not to participate in same-sex weddings. They include a preamble to the bill that states, “Each religious organization, association, or society has exclusive control over its own religious doctrine, policy, teachings and beliefs regarding who may marry within their faith.”

Republicans have called the committee’s work tainted because the Senate president, Sylvia B. Larsen, a Democrat, replaced one of its Republican members when that legislator would not sign off on last week’s compromise. Under legislative rules, the committee’s decision needed to be unanimous.

As more states have legalized same-sex marriage in recent months, opponents have increasingly lobbied for “conscience protections,” language that exempts religious organizations from having to participate if they object to same-sex unions.

But many of the bill’s opponents believe the language adopted by New Hampshire and several other states does not go far enough because it protects only religious groups and their employees. New Hampshire’s bill does not exempt photographers or florists, for example, from having to provide services.

But groups that advocate for gay rights, some of whom poured money into the state in recent months, said the law was yet another step toward mainstream America accepting same-sex marriage. “As people get to know the loving and committed couples at the heart of marriage equality,” said Neil G. Giuliano, president of the Gay and Lesbian Alliance Against Defamation, “our culture is moving to equality.”

Kevin Smith, director of the Cornerstone Policy Research, a group opposing the bill, said lawmakers “rammed this legislation through” in a way that “reeks of backroom deals and a subversion of the legislative process.”

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