From Wikipedia, the free encyclopedia
Legal recognition of
same-sex couples |
Same-sex marriage |
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Performed in some
jurisdictions |
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Recognized, not
performed |
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Civil unions and
registered partnerships |
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Performed in some
jurisdictions |
Argentina:
BA, RC, RN,
VCP
Australia:
ACT, TAS, VIC
Mexico: COA
United States: CA, CO, HI, ME, NJ, NV, OR, WA, WI
Venezuela:
ME
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Recognized, not performed |
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Isle of
Man (UK only)
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Unregistered co-habitation |
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In some regions |
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Status in other jurisdictions |
United States:
AL, AS, AZ, DE, FL, GU, IL, LA, ME, MI, MN, MT, NM, NC, OH, PA, PR, RI, SC, UT, WV, WY, Native
Americans
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Notes |
*DC (subject to Congressional review) and Mexico City same-sex
marriage laws are effective from 1 March and 4 March 2010,
respectively.
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See also |
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LGBT portal |
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Same-sex marriage became
legal in the U.S.
state of New Hampshire on January 1,
2010, [1]
replacing civil
unions. On January 1, 2011, all civil unions in the
state will become marriages unless otherwise dissolved, annulled
or previously converted to marriage.[1]
On January 1, 2008, civil unions became legal in the state.[2]
Legislation for same-sex marriage was signed into law by the
governor on June 3, 2009,[3][4]
making New Hampshire the fifth state to legalize same-sex
marriage.[5]
New Hampshire was one of a series of states in
2009 to legalize same-sex marriage in New England.
Civil
unions
After the 2006 general election, when Democrats
became the majority party of the New Hampshire state legislature, several
bills were considered which would grant same-sex couples greater civil
rights in the state. Proposals were made by both Democratic and Republican
politicians. The various proposals ranged from allowing couples to
enter into a "contractual cohabitation," a "civil union," a
"spousal union," or a same-sex marriage. Governor John Lynch opposed same-sex marriage, but
did, through various spokespersons, indicate that he was receptive
to discussing civil unions as a means of granting certain rights to
same-sex couples.[6]
On April 4, 2007, the New Hampshire
House passed a civil unions bill, HB437, with a vote of 243 to
129, to give partners in same-sex civil unions the same "rights,
responsibilities and obligations" as heterosexual couples in
marriages.[7]
Lynch stated on April 19, 2007 that he would sign legislation
granting civil unions to same-sex couples because he believes
"...it is a matter of conscience, fairness and preventing
discrimination."[8] On
April 26, 2007, the New Hampshire Senate approved the
civil unions bill 14-10 along political party lines.[9] On
May 31, 2007, Governor John Lynch signed the civil unions bill into
law,[10]
making New Hampshire "...the first state to embrace same-sex unions
without a court order or the threat of one."[9]
The law took effect January 1, 2008.[10][11]
Licenses were made available on December 10, 2007[12][13] such
that civil unions could be sealed starting at 12:01 am on January
1, 2008. Deputy secretary of state David Scanlan said, "As far as
we're concerned, everything is on schedule."[12]
Civil unions took place throughout New Hampshire just after
midnight on January 1, 2008. The largest gathering occurred in Concord, on the steps of the
State House. Twenty-three couples were expected to participate in
the event, however, an estimated 40 actually took part, and some
200-300 friends, family and onlookers observed. The event drew one
protestor who "...quietly handed out a statement calling all sex
outside of heterosexual marriage a sin..."[2][14]
Under the New Hampshire civil unions law, same-sex civil unions
or marriages conducted in other states will be recognized as civil
unions in New Hampshire. House Bill 1415 was introduced by
Representative Maureen Mooney to repeal this portion of the current
civil unions bill and was ultimately deemed inexpedient to
legislate.[15][16][17]
At the end of 2008, after one year of legal recognition of
same-sex civil unions in New Hampshire, approximately 600 civil
unions licenses have been issued by the state, while approximately
8,700 marriage licenses
were issued by the state during the same time period.[18][19]
Legal implications of civil
unions
Despite the civil union law intending to provide "all the rights
and subject [a couple] to all the obligations and responsibilities
provided for in state law that apply to parties who are joined
together,"[20] only
some benefits, and some limitations, shall exist.[21][22][23]
Benefits
- Access to medical care information and decision making;
- Access to proceedings and information related to partner's
death, and ability to make funeral arrangements;
- Right to be placed in the same room in a nursing home;
- Health care coverage under state-regulated family plans;
- State pension benefits;
- Inheritance without a will;
- Ability to transfer property between partners without paying
state taxes;
- Ability to change names by showing civil union certificate to
government agencies, banks, etc. and simply stating a name
preference;
- Pay or receive alimony and/or child support ordered by a court
in a divorce;
- Ability to adopt as a stepparent.[22]
Limitations
- Legal status only recognized in certain states;
- Unclear divorce proceedings should one or both partners move
out-of-state;
- If partner's death occurs out-of-state, unclear whether
surviving partner may obtain death certificate and claim body;
- Entering into a civil union triggers "Don't ask, don't tell" for
military personnel, and expulsion from the military;
- Employers governed by federal laws are allowed to provide
health and other benefits only to heterosexual couples on a
tax-free basis, whereas same-sex couples must pay income taxes on
the value of such benefits (note: New Hampshire
does not levy income tax);
- Partners are treated as unmarried adults under more than 1,100
federal laws;
- May jeopardize a couple's ability to adopt overseas;
- Federal privacy laws can prohibit access to some medical care
information without durable power of attorney.[22]
Marriage
On March 18, 2009, the New Hampshire House
of Representatives Judiciary Committee voted in a deadlocked
vote 10-10 to send a same-sex marriage bill, HB 436, to the floor
of the House of Representatives.[24] The
tied committee vote resulted in the Committee not being permitted
to issue a recommendation on the bill. On March 26, 2009, the New Hampshire House
of Representatives voted 182-183, but after a motion to
reconsider the first vote, the vote was 186-179. [25][26] On
Thursday, April 23, 2009, the New Hampshire Senate Judiciary
Committee by a vote of 3-2 recommended that the full senate defeat
the bill, but the following Wednesday, the Senate approved an
amended version of the bill 13-11.[27] The
amended bill then went on to pass the House, and thus the
legislature, on Wednesday, May 6, 2009; however, it was not clear
whether Gov. John Lynch would sign it,
veto it, or let it become law without his signature,[28][29] and
once the bill officially reached his desk, he would have five days
to veto the bill before it became law.[30] The
bill recognized out-of-state civil unions as marriages. Couples who
had New Hampshire Civil Unions would be able to apply for a
marriage license, however if they didn't apply for a marriage
certificate their civil unions would automatically be converted to
marriages on January 1, 2011.[1]
On May 14, Lynch, though being personally opposed to gay
marriages, said he would sign the bill so long as it contained
increased protections for churches against lawsuits if they refuse
to marry gay couples.[31]
Legislative leaders indicated on the same day that they would allow
the changes.[32]
On May 20, 2009, the Senate passed the changes 14-10, along party
lines, but the House unexpectedly failed to agree later in the day
by a vote of 188-186.[33]
Opponents tried to kill the bill, but failed 173 to 202.[34]
The House then voted 207-168 to ask the Senate to negotiate a
compromise.[34] On
May 29, a compromise with some minor changes was reached, which the
governor approved of, which was sent back for a vote.[35] The
new version was approved 14–10 by the Senate and 198–176 by the
House, on June 3, and was signed by the Governor shortly
thereafter.[5][36] Lynch
is the second governor in the US, the first being John Baldacci of Maine, to sign a bill allowing
same-sex marriage.
Transition from civil
unions to marriage
On or after January 1, 2010, no new civil unions will be
established in the state.[37]
Those who entered into a valid civil union before January 1, 2010,
are able to have their marriage solemnized, provided they meet the
legal requirements of the state marriage laws and are the same two
people in the civil union. Additionally, such persons in civil
unions before January 1, 2010, are able to record their civil
unions with the town or city clerk who recorded the civil union and
receive a marriage license, with no additional fee or solemnization
required. A civil union entered into before January 1, 2010, that
has not been dissolved, annulled, or merged into a marriage, will
be converted to a marriage on January 1, 2011.[1]
Public
opinion
The University of New Hampshire
Survey Center released a statewide poll taken from April 13-22,
2009 which concluded that 55% of New Hampshire residents supported
marriage equality, while 39% percent opposed it.[38][39]
Economic
impact
A UCLA
study from March 2009 estimates the impact of allowing same-sex
couples to marry on New Hampshire’s state budget. The study
concludes that allowing same-sex couples to marry, as opposed to
the current civil union scheme, would result in a net gain of
approximately $500,000 each year for the State.[40] This
net impact will be the result of savings in expenditures on state
means-tested public benefits programs and an increase in meals and
room tax revenues from increased wedding-related tourism.
See also
- Same-sex marriage
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- Marriage in US
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References
- ^ a
b
c
d
"HB 436-FN-LOCAL – VERSION
ADOPTED BY BOTH BODIES". http://www.gencourt.state.nh.us/legislation/2009/HB0436.html. Retrieved
2009-05-15.
- ^ a
b
Robidoux, Carolyn. (1 January 2008) Civil unions ring in the New
Year New Hampshire Union
Leader. Accessed 1 January 2008.
- ^
Governor signs gay marriage
bill into law
- ^ Landrigan, Kevin (2009-06-03). "Same-sex marriage bill
headed for governor's desk". The Telegraph (Nashua). http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20090603/NEWSBLOG/906039907/-1/XML15. Retrieved
2009-06-03.
- ^ a
b
Empowering Spirits Foundation Press Release (3 June 2009) Empowering Spirits Applauds
Passage of NH Marriage Equality Bill Empowering Spirits
Foundation. Accessed 4 June 2009.
- ^
Liebowitz, Sarah. (5 March 2007) Gay unions could gain
support Concord Monitor. Accessed 11 April 2007.
- ^ Moskowitz, Eric. (5
April 2007) N.H. House passes civil
unions Concord Monitor. Accessed 11 April
2007.
- ^
AP. (19 April 2007) Lynch: NH should have civil
unions New Hampshire Union Leader. Accessed 19 April
2007.
- ^ a
b
Wang, Beverley. (26 April 2007) State Senate approves civil
unions for same-sex couples Concord Monitor. Accessed
26 April 2007.
- ^ a
b
AP. (31 May 2007) Lynch signs bill legalizing
civil unions. Concord Monitor. Accessed 31 May
2007.
- ^
HB 437 Bill Legislative
History New Hampshire General Court. Accessed 14 February
2008.
- ^ a
b
Fahey, Tom. (25 November 2007) State House Dome: Date set
for civil union licenses New Hampshire Union
Leader. Accessed 25 November 2007.
- ^
AP. (25 November 2007) Civil unions license
available by Dec. 10 Concord Monitor. Accessed 25
November 2007.
- ^
Timmins, Annmarie. (1 January 2008) Same-sex couples say 'I Do'
just after midnight Concord Monitor. Accessed 3
January 2008.
- ^
(31 December 2007) Midnight Ceremonies Mark Civil
Unions WMUR-TV. Accessed
3 January 2008.
- ^
HB 1415 Text New Hampshire
General Court. Accessed 3 January 2008.
- ^
HB 1415 Legislative
History New Hampshire General Court. Accessed 14 February
2008.
- ^
AP. (9 January 2009) 600 civil unions in first
year for N.H. Concord Monitor. Accessed 11 January
2009.
- ^
HB 73 Bill Status
- ^
HB 437-FN-L Text New
Hampshire General Court. Accessed 3 January 2008.
- ^
(31 December 2007) N.H. Civil Unions Have
Protections, Pitfalls WMUR-TV. Accessed 3 January 2008.
- ^ a
b
c
AP. (2 January 2008) Benefits and pitfalls for gay
couples Concord Monitor. Accessed 3 January 2008.
- ^
AP. (2 January 2008) N.H. same-sex unions: promise
and reality Chicago Tribune. Accessed 3
January 2008.
- ^
HB436 Docket report
- ^
House Approves Same-Sex
Marriage After Bill Initially Fails WMUR
- ^
New Hampshire Takes Step
Closer to Approving Same-Sex Marriage CNSNews.com
- ^
Gay Marriage Could Come to
N.H. New York Times
- ^
AP. (6 May 2009) N.H. Legislature approves
same-sex marriage bill SeacoastOnline. Accessed 6 May
2009.
- ^
AP. (26 March 2009) NH House approves gay
marriage Boston Globe. Accessed 26 March 2009.
- ^
(10 May 2009) Same-sex marriage bill in
limbo Nashua Telegraph.
- ^
New Hampshire Gov. Backs Gay
Marriage, Palluxo, May 14, 2009
- ^ New Hampshire Set to Approve
Same-Sex Marriage
- ^ New Hampshire lawmakers
reject gay-marriage bill
- ^ a
b
New Hampshire House balks on
marriage equality bill, Bay Windows, Lisa Keen, May 20,
2009
- ^
Compromise reached on NH gay
marriage bill, The Boston Globe, Associated Press, Holly Ramer,
May 29, 2009
- ^
http://unionleader.com/article.aspx?articleId=ac4816e1-7ac9-4694-b89c-b6174c8b6a87
- ^ HOUSE BILL 73 AN ACT affirming
religious freedom protections with regard to marriage and
prohibiting the establishment of civil unions on or after January
1, 2010.
- ^
New Hampshire governor mum on
marriage bill
- ^
New poll shows majority of
New Hampshire voters continue to support marriage equality
- ^
The Impact on New Hampshire's
Budget of Allowing Same-Sex Couples to Marry
External
links
Same-sex unions in the
United States |
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Main
articles: Public
opinion (Opponents
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List of supporters) - Status
by state (Law
- Legislation) |
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Same-sex
marriage legalized: |
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Same-sex marriage recognized,
but not performed: |
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Civil unions
legalized/recognized: |
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Domestic partnerships
legalized: |
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Same-sex marriage prohibited by
statute: |
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Same-sex marriage prohibited
by
constitutional
amendment: |
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All or comprehensive same-sex
unions prohibited by
constitutional
amendment: |
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Recognition of same-sex unions
undefined
by statute or constitutional amendment:
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Notes: |
*Under federal law, all laws
passed in DC are subject to Congressional review. Absent
Congressional action, the law will go into effect in March
2010.
**All out-of-state same-sex marriages are given the benefits of
marriage under California law, although only those performed before
November 5, 2008 are granted the designation "marriage".
^The law authorizing civil unions in Connecticut will be repealed
effective October 1, 2010. Any civil unions entered into prior to
that date will automatically become marriages, by operation of law,
effective October 1, 2010.
^^The law authorizing civil unions in New Hampshire was repealed
effective January 1, 2010. Any civil unions entered into prior to
that date will automatically become marriages, by operation of law,
effective January 1, 2011.
^^^ As of September 1, 2009, civil unions can no longer be
performed in Vermont, however, the state will still recognize one
that was validly performed in another jurisdiction.
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