"Spousal Unions:" A Way To Promote Equality For Gays And Lesbians

by: Rep. Jim Splaine

Sun Mar 04, 2007 at 22:00:24 PM EST

Our legislation would provide all of the RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES of marriage to same-sex relationships.  The bill is simple, specific, and accomplishes equality of rights. 

Over two hundred and thirty-one years ago this country began a journey -- a journey on a promise.  That promise is what makes our society different.  That promise is what continues to give our nation hope.  The rights promised to us in the Declaration of Independence and later reaffirmed in the Constitution are what identify us as Americans and as New Hampshire citizens.

To deny any citizen their right to pursue happiness is not the American Way.  Our New Hampshire motto "Live Free or Die" affirms our commitment to the protection of citizen's rights.  It is time we start living up to our promise, and our motto. 

As sponsors of this legislation, we agree with others who believe that we should allow a process for the legal and formal union by gay and lesbian couples.  It is important to encourage people to make mutual commitments with one another, and our Spousal Unions bill provides that to happen.

The democratic process often requires us to fight for equality in steps.  Spousal Unions would be the New Hampshire way of doing so, just as civil unions have done for the gay and lesbian residents of other states.

The House Judiciary Committee is holding a public hearing on our bill this Monday, March 5th, at 11:00 AM in the Legislative Office Building, Room 208.  If you agree with our legislation, please write to the Judiciary Committee members, who can be found on the NH State Government WEBSITE.

I am also in favor of full marriage rights for gays and lesbians with the word "marriage," and will be suggesting to the Committee that if it believes that would pass this year, that HB 437 should be amended to do so.  Regardless, I believe the "Spousal Unions" approach would accomplish much, and is needed now.

HOUSE BILL 437-FN-LOCAL

AN ACT permitting same gender couples to enter spousal unions and have the same rights, responsibilities, and obligations as married couples.

SPONSORS: Rep. Splaine, Rock 16; Rep. Hilliard, Straf 2

ANALYSIS

This bill permits same gender couples to enter spousal unions and have the same rights, responsibilities, and obligations as married couples.

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT permitting same gender couples to enter spousal unions and have the same rights, responsibilities, and obligations as married couples.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Spousal Unions. Amend RSA by inserting after chapter 457 the following new chapter:

CHAPTER 457-A - SPOUSAL UNIONS

457-A:1 State Recognition of Spousal Unions; Purpose. The state of New Hampshire recognizes the spousal union between one man and another man or one woman and another woman. The purpose of this chapter is to delineate the rights, obligations, and responsibilities of parties entering a spousal union, to establish a process by which the spousal union is established, and to provide a process for the dissolution of a spousal union.

457-A:2 Requisites. Parties entering into a spousal union shall be subject to the same requirements and conditions as contained in RSA 457, provided that spousal unions shall only be allowed between one man and another man or one woman and another woman.

457-A:3 Forms, Documents, and Applications. The secretary of state shall develop forms, documents and applications for entering into a spousal union, which shall conform to this chapter as well as RSA 5-C:41-61.

457-A:4 Rights, Obligations, and Responsibilities. The parties who enter into a spousal union pursuant to this chapter shall be entitled to and shall receive all the rights, obligations, and responsibilities of those parties under the jurisdiction of RSA 457.

457-A:5 Dissolution. Parties who have entered into a spousal union who wish to dissolve the spousal union shall do so pursuant to RSA 458.

457-A:6 Other Jurisdictions. Spousal unions or other legal domestic relationships between parties of the same gender, entered into by nonresidents or by New Hampshire residents in other jurisdictions shall be recognized by the state of New Hampshire, provided that those relationships are legal in the jurisdiction where they are performed.

2 Effective Date. This act shall take effect January 1, 2008.

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2007 through 2011.