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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

LGBT portal

References

External links

• HB 437 Bill Text
• HB 437 Bill Legislative History
• State drops fight over benefits for same-sex couples in Concord Monitor on 8 May 2007.
• Gay couples learn that union isn't the same as marriage in Concord Monitor on 6 May 2007.
• Civil unions catching clerks off guard: State prepares to offer licenses next month in Concord Monitor on 17 November 2007.