I'm not a lawyer or law writer, and some of the lawyers and legislators here may elucidate further. The language explicitly guarantees that some people, in some situations, will not be legally required to 'participate in' a same sex marriage ceremony. But that exception appears to be narrowly constructed.
As I understand it:
The exception is aimed at employing organizations, not individuals. It is NOT like those laws that excuse a pharmacist from providing birth control because of individual beliefs. Here the exception is for employees of a church or other organization, in the course of their work for that group. Very specifically: this language does not allow a justice of the peace or manager of a Holiday Inn to refuse service to a gay couple's wedding because of their church's teachings.
The exception is limited to wedding-related functions - it does not extend to the ongoing marriage. It can't be used to enable an organization to deny spousal rights well after the wedding ceremony. In particular, it does not enable a church-managed public hospital to deny spousal visitation and consent rights (not that I believe any of ours would do that anyhow).
It does seem to enable a church and its related organizations to refuse to participate in same-sex weddings - the ceremony itself or ancillary celebrations and functions (such as the rehearsal dinner, I suppose). I don't know to what extent that is different than current practice or law.
That last point is worth considering and exploring. Maybe it should be tweaked; maybe not. But I started out concerned that there was a much broader exception in this language.
I don't believe there is. This is a narrowly written exception.
I. Notwithstanding any other provision of law, a religious organization, association, or society, or any individual who is managed, directed, or supervised by or in conjunction with a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, shall not be required to provide services, accommodations, advantages, facilities, goods or privileges to an individual if such request for such services, accommodations, advantages, facilities, goods or privileges is related to the solemnization of a marriage, the celebration of a marriage, or the promotion of marriage through religious counseling, programs, courses, retreats, or housing designated for married individuals, and such solemnization, celebration, or promotion of marriage is in violation of their religious beliefs and faith. Any refusal to provide services, accommodations, advantages, facilities, goods or privileges in accordance with this section shall not create any civil claim or cause of action or result in any state action to penalize or withhold benefits from such religious organization, association or society, or any individual who is managed, directed, or supervised by or in conjunction with a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society.
II. The marriage laws of this state shall not be construed to affect the ability of a fraternal benefit society to determine the admission of members pursuant to RSA 418:5, and shall not require a fraternal benefit society that has been established and is operating for charitable and educational purposes and which is operated, supervised or controlled by or in connection with a religious organization to provide insurance benefits to any person if to do so would violate the fraternal benefit society's free exercise of religion as guaranteed by the first amendment of the Constitution of the United States and part 1, article 5 of the Constitution of New Hampshire
III. Nothing in this chapter shall be deemed or construed to limit the protections and exemptions provided to religious organizations under RSA ยง 354-A:18.
IV. Repeal. RSA 457-A, relative to civil unions, is repealed effective January 1, 2011, except that no new civil unions shall be established after January 1, 2010.
