And Then There Were Six: New Hampshire Legalizes Gay Marriage

The New Hampshire Senate passed a bill legalizing gay marriage there on June 3. That same day, the House passed it later, and then the governor signed it into law. "Today is a victory for all people of New Hampshire, whom i believe in our independent way, want [fairness] for all," he said at the signing "That is truly the New Hampshire way."

Gov. John Lynch is a popular Democrat who had asked for protections for religious denominations not to preside over same-sex marriages to be made more explicit than in the initial bill. The new version added one sentence which specified that all religious organizations have control over their marriage policies.

It also allows religious bodies to opt out of providing any benefits, such as health or unemployment, to the same-sex spouses of employees. The "carve-out," as such exemptions have come to be called, is more far-reaching than those granted in other states.

"Today, 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," Lynch said.

Connecticut passed a carve-out bill at the request of its Republican governor, even though most experts argued that it was unnecessary. Such carve-outs are often seen as giving cover to a governor (or legislator) for such a contentious issue.

The Senate passed the new bill by 14-10. The House had initially refused to go along with Lynch's insistence on the carve-out, but same-sex advocates later reversed themselves. The House passed it 198-176.

Hundreds of same-sex marriage supporters had gathered at the Statehouse on June 3 just prior to the Legislature taking up the bill to a vote. "The recent public discussion on this issue has shown that marriage is more than a legal right," said Mo Baxley, the executive director of the New Hampshire Freedom to Marry Coalition. "Civil unions require unfair treatment in an unequal institution, and they diminish liberty and freedom for all Granite Staters. It's clear that a majority of people in New Hampshire know that it's time for our legislature to act on this issue."

The Human Rights Campaign's president, Joe Solmonese, praised the passage of the bill. "We look forward to Gov. Lynch signing the legislation passed by the state Senate and House that would make New Hampshire the latest state to recognize that loving, committed couples, and their families, should receive equal rights and responsibilities," said Solmonese. "No religious institution will have to recognize any marriage under this law, as the language proposed by Gov. Lynch and agreed to by the legislature made abundantly clear."

Opponents objected on grounds including the fragmented process.

"It is no surprise that the Legislature finally passed the last piece to the gay marriage bill today. After all, when you take 12 votes on five iterations of the same issue, you're bound to get it passed sooner or later," said Kevin Smith, executive director of gay marriage opponent Cornerstone Policy Research.

The revised bill clarified that church-related organizations that serve charitable or educational purposes are exempt from having to provide insurance and other benefits to same-sex spouses of employees.

The House rejected the language Lynch suggested two weeks ago by two votes. Wednesday's vote was on a revised bill negotiated with the Senate.

"The pro-gay marriage people have been very disingenuous," said Fenton Groen, 59, of Rochester, N.H. "They told us two years ago that if civil unions were passed, that would completely satisfy them. Within two years, they have completely changed their minds."

Supporters had considered Wednesday their last chance to pass a bill this year.

Rob Davis of Concord and his partner of 27 years, Dean Davis, were in the jubilant crowd outside afterward.

They had a civil union last year.

"It didn't go far enough," Rob Davis said of their civil union. "We're real happy."

Now that Lynch has signed the bill into law, New Hampshire becomes the sixth state to legalize same-sex marriage--three of them bordering New Hampshire. The states are Massachusetts, Maine, Vermont, Connecticut and Iowa. Washington, D.C., and New York recognize marriages from other jurisdictions (including countries such as the Netherlands and Canada) as legal.

New York's legislature is currently considering a same-sex marriage bill. Observers expect New Hampshire may give it some momentum in the State Senate, where it has been struggling.

Polls have consistently shown New Hampshire residents approve of parity for same-sex couples.