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Part Two: More New Hampshire Heroes Of Equality

by: Rep. Jim Splaine

Sat Jun 06, 2009 at 00:25:28 AM EDT


( - promoted by Dean Barker)

This summary of some additional Heroes picks up from Part I.  To emphasize again, I'm just trying to remind us of some of those people who should be equally credited with our success on marriage equality.  On an issue that won (or at times was "paused," to use Bishop Gene Robinson's observation) at most every step of the way by one or two votes, so many people have had an impact in getting to "yes."  The danger of writing any list is that it misses mentioning some, and perhaps readers with a longer memory than mine can write about the ones they remember.  

I mention these names in no particular order, and yes -- there are many others.  Each one has been vital to our cause of achieving equality because it is on each we have stood:  

Hero Dana Hilliard, the former State Representative who since the 1990s fought intensely for equality on several fronts.  It is Dana who moved us along toward marriage equality in a very special way, and it's part of the history of this fight that shouldn't be forgotten.  Therefore, a few extra words are needed...

Rep. Jim Splaine :: Part Two: More New Hampshire Heroes Of Equality
In the late Spring of 2006, with an election coming up, Dana and I were leaning up against the windows of the House Chamber, watching a debate on some now-forgetten issue.  At that time, the Republicans ruled, but an election that would change things was a-coming, though we didn't know for sure back then.

We were enjoying the breeze from the windows and we talked about whether we should run again.  Dana said that he was going to run for one more term, because he wanted to try for Civil Unions.  We had previously discussed it, and I said that if I ran again, we should do it.

Several months later in October, before the November election, Dana and I went to House Legislative Services and requested a Civil Unions bill.  We knew it was risky, because not only would most Republicans (the conservatives) be against us, but we also felt Civil Unions wouldn't get the support of those who wanted full marriage equality.  

However, we thought there was value for a step process of opening the door by working for Civil Unions, which even if unsuccessful would get the discussion going.  Others had been telling us that we should wait for a better time, perhaps in 2009, when we could stand a better chance.  

We decided to ask former Senator Rick Trombly to help draft the bill, and his "keep it simple" streamline approach ended up being followed through the re-drafting process.  It became House Bill 437 (coincidentally one number more than this year's HB 436!), and it was just two pages, or eight paragraphs, long.  Rick's idea of essentially "piggybacking" on the state's extensive marriage laws without going into the same depth and detail as those laws was brilliant, because as we saw later, that approach made a legal or court challenge impossible.  

Anyway, Dana and I still didn't agree to "sign off" on the bill until early December, and even into the morning of the sign-off deadline day, we weren't sure we'd go ahead.   A number of our legislative friends suggested we should not do it since it was the first year Democrats had the majority, and other issues should be worked on first.  The thought was that we should wait a couple of years.  However, Dana and I talked about it for a while and we decided to go ahead.  

Dana's determination was as strong as mine as we went through the next several months having a tough time gathering support.  Even at the House Judiciary Committee public hearing on March 5th, 2007 we faced opposition not only from the religious right, but also from those who wanted marriage equality and nothing short of it.  We understood that position, and accepted the disagreement as friendly opposition.  Dana kept on saying we should just go ahead and focus on our plan for Civil Unions.  We kept on track.

Even the day before the House Judiciary Committee vote it appeared HB 437 would go to "study" and not be favorably acted on.  But then, in large part to help from Ray Buckley, Terie Norelli, Rick Trombly and several others, a determination to get behind HB 437 and pass it came over the State House.  The next two months went fast as it passed in the House by 243-129.  No reconsideration strategy that time!  In the Senate it received a lengthy and fascinating public hearing and passed 14-10.   Governor John Lynch signed it on May 31st, 2007.  

House Bill 437 was filed in large part because of Dana Hilliard's confidence that we could win it, or at least should try it.  It's not unlike the situation with this year's HB 436, which a number of people thought should wait until after the 2010 elections before introduction.  Cosponsors on our bill this year, just like two years ago, were determined to go ahead, so we signed off on it last December, even though at that time we were short on support.  Sometimes, as Dana Hilliard showed with his leadership, you just have to risk it and go ahead if you think the timing is right.  

By the way, unlike what our right wing opponents have charged, no in-state or out-of-state group or lobbying interest, or representative of either, requested the introduction of HB 437 for Civil Unions, and no such group asked that this year's HB 436 be introduced.  It was solely a Legislative introduction.  In fact, no group supported HB 436 until GLAD backed it three months after filing, shortly before the first public hearing on February 5th of this year.  The out-of-state groups lobbying against marriage equality were spending their money long before that.  These charges of an out-of-state coordinated strategy for marriage equality is a right-wing myth born out of their paranoia.  

Hero Ed Butler, who into his second term is now the "Highest-Ranking Openly-Gay Member Of The New Hampshire Legislature."  He's earned that title now because he just got promoted as House Commerce Committee Chair, and as such is part of leadership.  But more importantly, much more, is his dedication to issues of fairness and equality.  He was cosponsor of HB 436, but at the same time he was lead sponsor of HB 415, about which there was a long and emotion battle to provide Transgender protections in our statutes.  He faced much abuse on that cause, but he stood up for what was right and led the fight to get it through the House.  The fight for Transgender protections will be back, and he'll be in the lead again.    

Hero John Lynch, yes -- the Governor.  He didn't duck on this issue, not at all.  He listened.  I and others made early appeals for him to allow the discussion about marriage equality to evolve in the House and Senate.  He did that.  Then he listened to both sides as it became clear the bill would reach his desk.  He made his decision to support marriage equality, but offered language to more clearly protect, as he saw needed, religious freedom and independence.  It was a reasonable request, and we delivered, and he signed.  Two years ago, it was much the same process with Civil Unions.  In my book, he did exactly what a good Governor on an issue like this should have done -- listen, learn, think, then decide.  Compare that with Governors elsewhere (should I point to Vermont?) who use their power of veto with arrogance.  

Hero David Pierce of Hanover, who is also the openly-gay Vice Chair of House Election Law.  As such he has worked to provide equality in our voting laws, and that is also a civil rights issue.  Can't vote, you don't count, so his work has been vital.  He also gave three powerful speeches in favor of marriage equality on the House floor, and his first speech on that crucial day when we turned a 183-182 loss on HB 436 into a 186-179 win was decisive.  He showed his face, and told his story about equality for all to see.  A lawyer by profession, if he wants a political future he's sure got one.  

Hero Deb Reynolds, the State Senator who for several days became the central decider on the fate of House Bill 436.  She managed a 5 1/2 hour public hearing on marriage equality with grace and control, then went to work considering the issue.  Her first vote in the Senate Judiciary Committee was in opposition to passage, but then during the next five days before making a report to the Senate as a whole she did some analysis of how she could make the bill better -- adding a phrase there, taking out some language here, rewording some sentences and specifying what "civil marriages" and "religious marriages" are.  After reforming and reformatting the legislation, she came up with a winning document that received Senate approval by 13-11.  She saved the day.  

Hero Carol Moore, a former State Representative from Concord and constantly on the forefront of this issue and related ones for the past 20 years.  She worked hard this year talking with Senators and House members with her patient and persuasive style.  Carol's one individual you want on your side.  

Hero Kathy Sullivan, attorney, former Democratic Party Chair, and long-time advocate of everything fair.  Early on she got involved in this year's fight for HB 436.  In BlueHampshire.com blogging and in phone calls and letters and personal lobbying she changed votes at crucial moments.  When things looked bleak for a while, she was there to help turn them around.  She looked soooo happy at the signing ceremony this past Wednesday afternoon.

Hero Dan Eaton, a long-time State Representative and Democratic Floor Leader.  His experience and intelligence on parliamentary procedure helped us in our floor strategy to turn defeat into victory twice:  the first time when we had initially lost 183-182, and fifteen minutes later had a 186-179 win.  The second time when we lost 188-186, but five minutes later succeeded in winning approval of a Committee of Conference by 207-158, thus saving the cause of marriage equality.  Vote changes like those don't happen by accident.  It's about timing, a plan, and knowing what to do in an instant's notice.

Hero Janson Wu, attorney from GLAD.  That's the Gay & Lesbian Advocates & Defenders, out of Boston.  Okay, he's not from New Hampshire, but we did adopt him so he's an honorable New Hampshire citizen in the minds of many of us.  HB 436 was filed for drafting on September 15th, 2008.  No in-state or out-of-state organization asked me to file it, despite charges from our opponents.  But three months after it began, Janson Wu called me and we met on a cold December afternoon at the State House to see how he could help.  His help was vital, and he came to or attended VIA telephone speaker most of our weekly strategy meetings as a dozen and more of us gathered throughout the past several months.  His frequent legal memos, his detailed assessments of laws elsewhere, and his personal strategic observations were invaluable.  That's INVALUABLE, in capital letters.  

Hero Bette Lasky, current State Senator and former House Judiciary Committee member.  She was in the middle of both HB 437, the Civil Unions bill, and HB 436, this year's marriage equality.  Without her support in 2007, we couldn't have succeeded with Civil Unions.  At a time it appeared the bill would go to "study" for the balance of the session, she found a way to pass it onto the House floor, then organized the floor debate.  This year in the Senate she got passionately behind marriage equality and cleared the way.  

Hero David Cote, the quiet-until-needed much-respected House Judiciary Committee Chair.  In 2007, he encouraged his Committee to get to "yes" on Civil Unions.  This year, he held his fire until it was needed to get us over the top with marriage equality in decisive votes during the past six weeks.  His guidance in the Judiciary Committee in keeping the Republicans at bay made the difference for us.  

Hero Jim MacKay, a new Democrat from Concord who is running in a special election this November to return to the House.  He is a former Concord mayor.  His convictions for fighting AIDS, raising funds for that cause, and for Civil Unions two years ago and now marriage equality has all along encouraged other moderates of both parties to come together.  It's going to be so wonderful to have him back.  

Hero Bishop Gene Robinson, whose picture grasping the hand of Mo Baxley just as the victory was announced on Wednesday has graced newspapers and news WEBSITES around the state, the country, and the world.  For the past several years the openly-gay Bishop has courageously spoken for equality all over the planet.  He was a featured speaker at President Barack Obama's Inaugural in January, and then he joined our efforts speaking at both the House and Senate public hearings, just as he did on Civil Unions two years ago.  He additionally offered his inspiration by coming to several of our weekly strategy meetings -- which by the way were held once or twice a week since September in a small conference room on the third floor of the State House.  No curtains, a bare floor, tacks on the wall, about 15 chairs crowded around an old table.  The New Hampshire Way.  

Hero Gerri Cannon, who worked with Ed Butler to lead the way for HB 415 for Transgender protections.  When we were not successful on that effort, she remained involved in the marriage equality fight, and looked so happy last Wednesday as we achieved that success.  Gerri is an inspiration to the Transgender community and we owe it to her to continue that fight.  She was profiled in a front-page Concord Monitor story about her life and change from a man to a woman, and spoke with great competence for HB 415 at news conferences and committee hearings.  She's a winner, and she's helped in the success of marriage equality by her fight against discrimination.    

Hero Mary Jane Wallner, House Democratic Leader, along with staffers Hero Eileen Kelley and Hero Dan Mason. Mary Jane did most of the PIs, the "Parliamentary Inquiries" that we needed on various motions -- an important wrap-up point of every floor action.  But just as importantly, she joined us in most of our frequent strategy meetings during the final two months, and she and the staff organized our vote count and did our outreach on identifying questions members had which we had to answer to earn the support we needed.  

The Patience Of Our Hero Democrats -- a special category that goes to all the House and Senate Democrats who had personal and political patience through the many months of this dialogue.  There were a total of 14 core committee and House or Senate floor votes needed to pass marriage equality, from the first one on March 17th through the final vote on June 3rd.  Our opponents and their big money sources put up every parliamentary and political roadblock they could, but we always overcame.  In the 29 years I have been in the House and Senate off and on since 1969, I have never seen one piece of legislation go through a process like that, and the patience it took for House and Senate Democrats to stay focused on eventual success is incredible.    

More Heroes to come, because there are more people who we should not forget.  Your additions?  

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