Statements Of Support For HB 436 And The Governor's Language

by: Rep. Jim Splaine

Tue May 19, 2009 at 07:10:52 AM EDT

Governor John Lynch took a big step last week in coming down on the side of marriage equality.  He will sign House Bill 436 if we put into another part of state law an additional and clearer protection of the independence and freedom of religious organizations and Churches.  His language follows some wording of Connecticut's marriage equality legislation, as well as Vermont.  

The language will appear as an amendment onto House Bill 73, which will come in from the Senate.  We'll see it in final form after the Senate Judiciary Committee considers it tomorrow, but it follows the wording that the Governor requested last week.  I have included his news release, and the draft language being offered by Senator Deb Reynolds.  

I have added comments about HB 436, and the Governor's requested language, from our friends of marriage equality.  We can put this issue behind us, successfully, by supporting HB 73 as amended.  This is about, and for, our young people of New Hampshire -- for our future.

From Kathy Sullivan, former Chair, NH Democratic Party/Attorney
"I have reviewed the amendment language proposed by Governor Lynch, and I believe it is a fair balancing of the right to equality in marriage, and the right to freely exercise one's religious beliefs.  This balancing is important, not just from the standpoint of living in a free society that protects these rights, but also from the standpoint of maintaining - and building upon - the broad support that marriage equality currently enjoys in this state. Polling data has shown that support for marriage equality decreases if citizens believe that religious institutions or organizations will be subject to liability for not opening their facilities to same gender marriages. The exceptions contained in the Governor's language are narrowly constructed to achieve this balance."
Kathleen N. Sullivan, Esquire
Wadleigh, Starr & Peters, PLLC

From Mo Baxley, Director of NH Freedom To Marry, who has worked on marriage equality for many years:
"HB 73 as amended treats gay/lesbians as well as people of faith with dignity and respect.  It grants equality to gays/lesbians under the law while upholding the Constitutional right to freedom of religion.

It clearly states that no religious organization or employee of religious organization will be force to violate their religion, ending the confusion on this issue."

From Paul McEachern, Attorney/State Representative/Cosponsor of HB 436:

"Governor Lynch has distinguished his office by his decision to sign the marriage equality act. Governor Lynch's leadership and maturity has left its mark on this legislation and will be remembered long after marriage equality is taken for granted by New Hampshire residents."

From Rick Trombly, openly-gay former NH State Senator and House Democratic Leader:

"The path to true equality for New Hampshire's LGBT community began in the late 1980's with the passage of the Hate Crimes law. Over the last two decades, with Republican legislatures and governors, and with Democratic legislatures and governors, slow but steady progress has been made until today with the acceptance of Governor Lynch's clarifying amendment to HB 436, and its passage, we close the circle that includes all New Hampshire citizens as free and equal to each other."

From Rep. Gary Richardson, Attorney, Member, House Judiciary Committee:

"Although I think the amendment is unnecessary from a legal point of view, if it allows the Governor to sign HB 436, it is a small price to pay for the Governor's support. HB 436 was never intended to compel anyone to do something that offends one's religous beliefs. HB 73 is a good vehicle to use for the amendment because the amendment is germaine to the bill. Without a germaine bill the opposition could use that issue as a basis to oppose the amendment. I strongly urge everyone to get behind the amendment to HB 73. The stars will not stay in alignment forever. Let's not lose this opportunity to do the right thing."

From Rep. Lucy Weber, Member, House Judiciary Committee:

"I have heard a concern expressed that the proposed amendment to HB 73 erodes protections for same-sex couples with respect to religious bodies and their affiliated organizations.  I do not believe this is the case.  A review of existing law brings me to the conclusion that the protections for religion which are made explicit in the amendment are already included in NH law.   NH already has broad religious exemptions throughout its existing anti-discrimination statute.  I think the proposed amendment simply restates the law as it currently exists, but with a specific emphasis on its relationship to marriage."

From Rep. David Pierce, Attorney, Openly-Gay House Member, Vice Chair Election Law:

"Gay couples should be treated with the same respect and dignity as everybody else in this country. They don't deserve special rights, but they shouldn't be discriminated against, either. It's up to religious institutions, not the government, to decide whether they want to recognize gay relationships. But it's up to our leaders to guarantee that everyone is treated fairly under the law. We need leaders who remind us of what we all share as citizens of New Hampshire, not what divides us. We may differ in our religious beliefs and the Senate amendment to HB73 affirms each person's right to believe and practice their religion. But at the heart of who we are as nation, and at most of our faith, is one simple value: that we are all created equal. And that means that our colleagues, neighbors, family and friends should not be discriminated against in forming and guaranteeing equal dignity of their relationships."

From Raymond Buckley, State Chair, NH Democratic Party:

"The governor's amendment does more than provide a pathway to full marriage equality, I believe it does something even more important. It makes a clear and strong statement that same sex marriage is not a threat under any circumstances to any religious belief or heterosexual marriage. By eliminating that fear, it will make a big difference in our journey toward a society that accepts and embraces the tens of thousands of Granite Staters who, like me, were born gay or lesbian. Let us be a united party for this meaningful and historic vote."
Raymond Buckley, State Chair
NH Democratic Party

Here is the amendment to be offered by Senator Deb Reynolds,

Chair of the Senate Judiciary Committee, and which has been agreed

to by  House and Senate Leadership:

Sen. Reynolds, Dist. 2

May 18,  2009

2009-1684s

09/03

Amendment to HB 73

Amend the title of the bill by replacing it with the following:

AN ACT                affirming religious freedom protections with regard to marriage and prohibiting the establishment of civil unions on or after January 1, 2010.

Amend the bill by replacing all after the enacting clause with the following:

     ­1  New Paragraphs; Affirmation of Freedom of Religion in Marriage.  Amend RSA 457:37 by inserting after paragraph II the following new paragraphs:

           III.  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 his or her 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.

           IV.  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 United States Constitution and part I, article 5 of the New Hampshire constitution.

           V.  Nothing in this chapter shall be deemed or construed to limit the protections and exemptions provided to religious organizations under RSA 354-A:18.  

     ­2  Obtaining Legal Status of Marriage.  Amend RSA 457:46, I to read as follows:

           I.  Notwithstanding the provisions of RSA 457-A, no new civil unions shall be established on or after January 1, 2010.  Two consenting persons who are parties to a valid civil union entered into prior to January 1, 2010 pursuant to this chapter may apply and receive a marriage license and have such marriage solemnized pursuant to RSA 457, provided that the parties are otherwise eligible to marry under RSA 457 and the parties to the marriage are the same as the parties to the civil union.  Such parties may also apply by January 1, 2011 to the clerk of the town or city in which their civil union is recorded to have their civil union legally designated and recorded as a marriage, without any additional requirements of payment of marriage licensing fees or solemnization contained in RSA 457, provided that such parties' civil union was not previously dissolved or annulled.  Upon application, the parties shall be issued a marriage certificate, and such marriage certificate shall be recorded with the division of vital records administration.  Any civil union shall be dissolved by operation of law by any marriage of the same parties to each other, as of the date of the marriage stated in the certificate.

     ­3  Contingency.  If HB 436-FN-LOCAL and HB 310-FN of the 2009 regular legislative session become law, sections 1 and 2 of this act shall take effect January 1, 2010 at 12:02 a.m.  If HB 436-FN-LOCAL and HB 310-FN of the 2009 regular legislative session do not become law, sections 1 and 2 of this act shall not take effect.

     ­4  Effective Date.  

           I.  Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.

           II.  The remainder of this act shall take effect upon its passage.