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Thursday, June 04, 2009

Law - More on "New Hampshire. Legislature Approves Gay Marriage "

Abby Goodnough of the NY Times has a comprehensive story on the new law, signed yesterday by the New Hampshire governor after the addition of some revisions related to religious freedom.

Here, via Findlaw.com, is the final text of the law. From the NYT story:

BOSTON — 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 to let gay couples wed.

The bill had been through several permutations to satisfy Mr. Lynch and certain legislators that it would not force religious organizations that oppose same-sex marriage to participate in ceremonies celebrating it. Some groups had feared they could be sued for refusing to allow same-sex weddings on their property.

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 changes further emphasizing the rights of religious groups not to participate. 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.” * * *

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

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.

My thoughts: This could be tricky. Think about a law that said florists, because of their religious beliefs, could legally reject the wedding business of gay couples. Then substitute African-American couples ,,,

Posted by Marcia Oddi on June 4, 2009 08:02 AM
Posted to General Law Related