NH Guv to Sign Amended Marriage Equality Law

Granite State Follows Quickly on Maine's Heels; DC Offers Recognition

Eight days of suspense in New Hampshire ended on May 14, when Democratic Governor John Lynch announced that he was prepared to sign a marriage equality bill already approved by the Legislature, so long as the bill is amended to broaden the rights of religious groups or individuals employed by religious groups to refuse to participate in any marriages or marriage celebrations they wish.

The Associated Press reported that leaders of the State Senate and House of Representatives quickly agreed to make the changes, and that the New Hampshire Freedom to Marry Coalition also said it could accept the new language.

In a written release about his proposed changes, Lynch wrote, "If the Legislature passes this language, I will sign the same-sex marriage bill into law. If the Legislature doesn't pass these provisions, I will veto it."

The governor took note of the fact that the legislation, as already approved, made a distinction between civil and religious marriage and explicitly stated that no religious body would be required to solemnize any weddings they did not wish to, but argued that "the role of marriage in many faiths extends beyond the actual marriage ceremony." Connecticut and Vermont, he pointed out, had more extensive language regarding religion, an approach New Hampshire should adopt.

Lynch's proposal would broadly allow religious groups to deny any services or accommodations, both to marriage ceremonies and any related celebrations. So, for example, if a church makes a practice of renting out a hall it owns for non-religious purposes to the general public, it could still deny access to that facility for a wedding reception of a same-sex couple. His language is prefaced with the words, "notwithstanding any other provision of law," though it is not clear how this potential carve-out from standard public accommodations law, which generally requires availability on an equal basis, would hold up in court. Politically, however, it seems to have allowed the governor and marriage equality advocates to find common ground.

Senate President Sylvia Larsen and House Speaker Terie Norelli both predicted the Legislature would move quickly, perhaps by next week, to approve Lynch's changes and forward the bill to him for signing. Representative Jim Splaine, the marriage measure's chief sponsor, also signaled his support, and Mo Baxley, executive director of the New Hampshire Freedom to Marry Coalition, said, "This is language we can support."

Lynch's statement made clear he continues to believe civil unions were the better alternative: "My personal views on the subject of marriage have been shaped by my own experience, tradition, and upbringing. But as governor of New Hampshire, I recognize that I have a responsibility to consider this issue through a broader lens." Existing law, he wrote, "gave same-sex couples in civil unions the same rights and protections as marriage," and the change from "'civil union' to 'civil marriage'... is a meaningful change."

At the same time, even though he understands that opponents of marriage equality "fear that this legislation would interfere with the ability of religious groups to freely practice their faiths," Lynch also "heard, and I understand, the very real feelings of same-sex couples that a separate system is not an equal system. That a civil law that differentiates between their committed relationships and those of heterosexual couples undermines both their dignity and the legitimacy of their families."

According to the AP, the inclusion of the words "any individual who is managed, directed, or supervised by" a religious body in Lynch's proposed language would allow an organist employed by a church that was going to officiate over a same-sex marriage to refuse to participate without fear of losing their job.

New Hampshire's Legislature had finished up work on the original bill on May 6, after the two houses reconciled differences between the versions each had passed earlier. During that process, Lynch had said he felt the state's civil union law already guaranteed parity under state law, and that the more pressing issue was to win federal recognition of those rights and the corresponding benefits, like Social Security parity, from Washington. That message was similar to the statement Vermont's Republican governor, Jim Douglas, made last month prior to vetoing marriage equality legislation there - that veto overruled by the Legislature.

Lynch had faced intense pressure from both proponents and opponents of the marriage bill as he considered his options, and was also struggling with a difficult budget process. New Hampshire Freedom to Marry put volunteers on the streets in cities across the state the weekend before the final legislative approval to urge voters to contact the governor in support.

Baxley said proponents made up to 300 calls a day to Lynch's office, and charged that out-of-state opponents were spearheading the drive to press Lynch to veto the legislation, saying, "We're having only New Hampshire people call. We thought it was a better way."

Brian Brown, executive director of the National Organization for Marriage (NOM), a group based in Princeton, New Jersey, that pledges to spend millions in opposition to marriage equality nationwide, called Baxley's charge "absurd," stating, "New Hampshire people are calling us saying, 'What can we do?' Residents of New Hampshire don't support same-sex marriage. Period. And they aren't being listened to by the House and the Senate."

Still, Brown acknowledged that NOM's advertising, which had been generic to that point, including the infamous"Gathering Storm" spot, was preparing an ad targeting Lynch, which has since appeared, and will work to defeat pro-marriage equality legislators in the next election.

In Maine, less than an hour after the Senate on May 6 gave final approval to a marriage equality bill, Democratic Governor John Balducci signed the legislation into law. The Maine House of Representatives on May 5 gave approval to the marriage equality measure, by a vote of 89-57, passed in preliminary form, by the Senate the previous week. The final Senate vote the following day was 21-13.

In a written statement, Balducci said, "In the past, I opposed gay marriage while supporting the idea of civil unions. I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage."

Betsy Smith, executive director of EqualityMaine, noted the significance of a massive public hearing held several weeks ago, at which thousands of citizens turned out, the clear majority of them in favor of same-sex marriage rights. "Since we began our campaign, tens of thousands of Mainers have raised their voices in support of fairness for gay and lesbian families," Smith said, in a written statement. "Today the Legislature and the governor listened to the people of Maine and made marriage equality the law of this state. Two weeks ago thousands of Mainers traveled from every corner of the state to testify to their hopes for their families, and the harm that they suffer from not being able to marry."

Baldacci became the first governor in the nation to sign a marriage equality law not mandated by a court. Earlier this year, Connecticut's Republican governor, Jodi Rell, signed a measure passed by the Legislature there to conform the state's laws to its high court marriage equality ruling last year.

Republican Governors Arnold Schwarzenegger of California and Jim Douglas of Vermont vetoed similar measures, though Douglas' action was overridden.

Democratic Governors David Paterson of New York and Jon Corzine of New Jersey have pledged to sign marriage equality measures if and when approved by their Legislatures, and Massachusetts' Democratic governor, Deval Patrick, was instrumental in helping block a referendum aiming to turn back the 2003 court victory there.

In Iowa, Democratic Governor Chet Culver, though not a marriage equality supporter, opposes any effort to put the recent court victory there before the voters.

The House vote on May 5 came shortly after the defeat of an amendment that would have forced the question onto a voter referendum in November. The amendment was defeated 85-62.

The Bangor Daily News described the House's three-hour debate as "emotional," but Representative James Martin, an out gay Orono Democrat, said, "I'm also glad we've moved beyond the contentious debate over the issue that's taken place over the past 25 years. It was a very civil debate today." Martin and his partner celebrated a commitment ceremony nine years ago and plan to marry if the law is enacted in Maine.

The Bangor newspaper reported that while the bill had more Democratic votes than Republican, it passed with bipartisan support.

Noting he would soon celebrate his 53rd wedding anniversary, Representative James J. Campbell Jr., a Newfield Republican, said, "They have been the best 53 years of my life. I don't want to stand here and say that two men and two women cannot have what I've had for the past 53 years with my wife."

But Representative Michael Thibodeau, a Winterport Republican, said, "Let's be honest. This isn't about civil rights. It's about a social agenda that tears at the very fabric of our society."

Opponents of the legislation vowed to collect the signatures necessary to force any marriage equality legislation to go before the voters in a referendum. They would have to gather 55,087 signatures, in a state with a population of just over 1.3 million. The marriage law takes effect 90 days after the Legislature adjourns - probably in June - but if the signatures have been collected and certified by that date, its implementation will be delayed pending a referendum in November. Gay rights legislation has several times been forced onto the ballot in Maine.

Maine and New Hampshire become the fifth and sixth states with marriage equality on the books, not counting California, where the right to marry was taken away from same-sex couples by Proposition 8 less than six months after a State Supreme Court victory there. Three of the other four - Massachusetts, Connecticut, and Vermont - are in New England, and the other is Iowa. Rhode Island is the only New England holdout.

Action is still possible this year in both New York, which already recognizes legal out-of-state marriages by same-sex coupes, and New Jersey.

In Washington, DC, the City Council, by a vote of 12-1, approved a law, supported by Mayor Adrian Fenty, an African-American Democrat, recognizing legal same-sex marriages from other jurisdictions, but the one dissenter on the Council, former Mayor Marion Barry, warned, "All hell is going to break loose. We may have a civil war. The black community is just adamant against this."

Barry's fiery rhetoric led David Catania, an out gay Independent councilman, to charge that his words were "bigoted," according to the Washington Post. That in turn led a group of African-American clergymen to storm out of the Council chambers.

The US Congress, in accordance with Washington's Home Rule Charter, now has 30 days to review the legislation. House Speaker Nancy Pelosi issued a written statement after the Council action saying, "I have long believed that Congress should not interfere with internal decisions made by the District of Columbia's elected representatives - just as the Congress did not intervene in the State of New York's recognition of valid marriage contracts in other jurisdictions."

But, Utah Congressman Jason Chaffetz, the ranking Republican on a House Oversight and Government Reform subcommittee, said, "Some things are worth fighting for, and this is one of them. It's not something I can let go softly into the night."

Eleanor Holmes, an African-American Democrat who is Washington's non-voting delegate in Congress, praised the Council's action, and said, "I do not believe that a serious attempt to overturn the Council bill will be made or will be successful."

Catania has pledged to introduce a marriage equality bill in the City Council later this year.

http://gaycitynews.com/site/news.cfm?newsid=20315599&BRD=2729&PAG=461&dept_id=568864&rfi=6
By:PAUL SCHINDLER
05/14/2009
©GayCityNews 2009