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As a way of introduction for newbees, Rick Trombly is a former NH State Senator and House Democratic Leader -- dating back to the 1980s through to 2002.
Rick, who is openly gay, came out on the floor of the Senate while supporting legislation allowing for adoption for gay and lesbian parents in 2000. He also joined me that year in leading the fight to abolish the death penalty, and was the deciding vote in the Senate in passage of that bill that year which had already passed the House. It was then was vetoed by Governor Jeanne Shaheen.
In addition, former Somersworth State Representative Dana Hilliard and I asked him to write the first draft of the Civil Unions bill that we introduced in October of 2006. Unlike similar legislation in other states which went into dozens of pages of legalese, Rick -- a lawyer by profession -- came up with the innovative method of preparing an 8 paragraph bill that simply "piggybacked" on our extensive state marriage statutes.
After several other redrafts, it remained a short 1 1/2 page bill that stood any question of court challenge or constitutionality, and became law in May of 2007 with the signature of Governor John Lynch. In drafting the current marriage equality legislation, HB 436, we followed his guide, so we have a simple and clear bill.
With his permission, I am posting this letter that he has individually mailed this weekend to State Senators. His words are powerful and obviously heart-felt, and his message is a good one. It's a bit long, but worthy of a thorough read. It appears below the fold. - Jim Splaine
There are many important matters for the New Hampshire State Legislature this coming year. We have to make sure people will be warm in their homes. We have to create a fair plan for long-term funding for education. We have to balance the budget. We have to provide for public safety. We have to find ways to streamline government and red-tape to make it more efficient. We have to continue to improve our environment.
But on this Earth, there is nothing more important than the way we treat one another. If we ended discrimination of all kinds, if we were fair with one another and kind toward one another, and if we shared rights and opportunities with everyone on this planet, we would all succeed together. Wars would be needless. Hate would be a thing of the past.
I think someday this world will evolve to that point. We will still have competition, we'll still see some people doing better and having more than others. But if we treated each other honestly, fairly, and equally we all would be so much better off. Discrimination and inequality needs to be fought wherever it occurs. At any given time it might not seem like the most important issue in front of us, but for the long term it is.
That vision is probably many decades or centuries off. But to get there takes lots of footsteps, and a certain degree of patience. Having patience, however, doesn't mean inaction -- nor does it mean waiting until later to have the discussion that discrimination is just plain wrong. Now is always the time to have the discussion about the way we treat one another.
After giving it a good amount of thought, and realizing that there would be an effort on "the other side" to repeal parts of the New Hampshire Civil Unions Law that was approved last year and became effective at 12:01 AM on January 1st, 2008, I decided to introduce a full marriage equality bill with the word "marriage" for 2009. I received a call from a Union Leader reporter last Thursday, and they have already covered the issue. So I wanted the readers of www.BlueHampshire.com to know why I think this is an important issue to discuss -- even at this point of an election year.
I'm quite mindful of the reality that it will be a difficult job to achieve full marriage equality for New Hampshire's gays and lesbians anytime soon. But the walk toward full equality has to continue. When State Representative Dana Hilliard and I discussed putting in the Civil Unions bill in October of 2006, just two years ago, we also realized that would be a difficult task to accomplish then. A lot of our colleagues had urged us not to do so -- that the "timing wasn't right," and that it would be divisive, or that it would put some Democrats in a tough position.
And indeed for several months, right up to and including through the days of the first House Judiciary Committee public hearing on March 5th of 2007 on House Bill 437 (the Civil Unions legislation), we faced considerable opposition. At times, the comments we heard even from our friends were quite uncomfortable, but we knew that it was time for Civil Unions.
As we know, Civil Unions passed. It was a good time. It passed thanks to a lot of Democrats in the House and Senate, quite a few Democratic Party leaders and activists working behind the scenes -- and often up front too -- and because of some Republicans as well. It passed because former State Senator Rick Trombly, who Dana and I asked to help write the initial draft of the bill before we went to the sometimes wordy lawyers who write the specifics of bills for the Legislature, wanted to keep it as simple and clear as possible so came up with just a two page bill that has held up over time.
And it primarily passed because many people from the LGBT community -- including our openly-gay Legislators -- came together and said let's do this. People came together to do the right thing. It wasn't "marriage," but it was pretty darn good. Right now, New Hampshire stands ahead of some 45 other states in way we treat our gay and lesbian residents who call this place "home."
Now the cause for full marriage equality has to continue. It's good for all of us in our society to have people in caring, loving, stable marriages. That dialogue is necessary. Pro. Con. The public has to keep on thinking about this -- and asking whether it is correct, or not, to continue to discriminate against our gay and lesbian residents by not allowing full marriage equality, with the word "marriage."
According to the New Hampshire Bureau of Vital Records and Archives, as of this past week there have been 531 Civil Unions on our state. That's since January 1st, when our Civil Unions Law took effect at 12:01 AM. That's a lot of New Hampshire residents who have committed to one another to share their love and their lives together. Even if the law had helped just one gay or lesbian couple, it would have been worth the fight. It has already helped many.
A potentially far-reaching bill (presented below the fold) has passed the State Senate and is on its way to Governor John Lynch for his signature.
House Bill 794 creates a seven-member group which will consider public funding options of certain campaigns in New Hampshire -- possibly Governor, State Senate, and Governor's Council. So, this legislation could eventually dramatically affect for the good the way that democracy is exercised in our state.
After a public hearing early last year the bill was sent to a House Election Law Subcommittee which I chaired. There I saw first-hand the enthusiasm for the concept of this bill that Granny D and others brought to her cause as we held a dozen work sessions on the bill.
The Subcommittee even met with Maine State Representatives to learn more about how public funding of certain campaigns works in that state. Altogether, we had over 35 hours of discussion on this bill in the Legislature. HB 794 passed the House on January 16th on a roll call of 199 to 121.
I have dubbed House Bill 794 as "THE GRANNY D BILL," because this is her cause. She walked across America in support of "clean elections." In light of the ever-increasing costs of running for public office and the reliance on personal wealth or extensive fundraising in order to run for public office, this bill seeks to allow for a different approach to funding campaigns for potential candidates without such financial sources.
Legislation similar to the original version of HB 794 was almost passed by the 2000 Legislature. A bill creating public financing of campaigns passed the State Senate that year, and came within 28 votes of passage in the then-Republican controlled House after a lengthy discussion. GOVERNOR JEANNE SHAHEEN was prepared to sign the bill.
The people on the bipartisan Commission created by HB 794 will dedicate dedicate themselves in the next few months to the task of identifying alternative ways to fund state campaigns. The Commission will examine potential revenue sources for funding and develop recommendations to the legislative session of 2009.
This Commission, under the directives of the bill, may consider voluntary contributions, in-kind donations of services, and other means to generate revenue. The Commission will include not more than three members of a political party. No Commission members can currently hold elective office. Two appointments are to be made by the House Speaker, two by the Senate President, two by the Governor, and one by the Secretary of State. The Commission will report back by December 1, 2008, in time for legislative action in 2009.
Some twelve states already have "clean election" laws at one level or another, with Maine, Arizona, and Connecticut having statewide versions affecting most elected offices. This concept has been publicly endorsed by leaders and people who have run for "higher office" from both parties: former GOVERNOR WALTER PETERSON, former Gubernatorial candidate JIM RUBINS, former Democratic U.S. Senate nominee JOHN RAUH, former Gubernatorial nominee PAUL McEACHERN and former State Senators CLIF BELOW and RICK TROMBLY, among others.
In addition, SECRETARY OF STATE BILL GARDNER has been a strong advocate of the legislation and the public funding concept. A number of other long-time supporters of the Granny D cause who have worked with her for the past decade also contributed to the success of the legislation to this point. Representatives of the League of Women Voters, NH Citizens Alliance, Americans for Campaign Reform, Public Action for Clean Elections, and Veterans for Peace NH have also supported the legislation.
I think the Commission will do its job well, and that it will come up with inventive, innovative ways to implement the concept here "The New Hampshire Way."
House Bill 794 was cosponsored by Representatives PETER ALLEN, BETTY HALL, DANA HILLIARD, BARBARA RICHARDSON, SENATOR JACKIE CILLEY, and myself. Several members of the House Election Law Committee worked especially hard on making the bill succeed, including DAVID PIERCE, who prepared the amendment creating the Commission, CLAUDIA CHASE and CHUCK WEED, who were on the Subcommittee which I chaired, along with David Pierce and Betty Hall and went to a number of meetings on the bill, and COMMITTEE CHAIR JANE CLEMONS, who helped in passage on the House Floor.
But this one really is a great victory for Granny D -- who repeatedly would tell us this isn't "about her," it's not even "about us," it's about our children, and our future.
I delivered this "open letter" to Governor John Lynch this morning to offer support for his courage in supporting Civil Unions. - Jim
Tuesday, May 1, 2007
Dear Governor John Lynch,
I much appreciate your leadership in supporting equality in New Hampshire, and your support for House Bill 437, creating Civil Unions. I am writing this letter to offer some of my thoughts as to why your approval of this legislation is so valuable for New Hampshire, and our future.
First, I want to thank you for your courage in supporting Civil Unions at the appropriate time in the process. You wisely allowed us to have a public discussion of the bill from this past December, through the formal introduction of the legislation on January 4th, and to the public hearings in the House and Senate before making your decision. I also appreciate that during the past couple of years as I and others discussed Civil Unions, you allowed that discussion to evolve without making it political. This issue was too important for that.
I know that since you mentioned that you would sign House Bill 437, it hasn't been easy or pleasant at times. I too have been on a number of "lists" and received comments which have been rather cruel and quite angry. I understand that, of course, and it is part of the democratic process. I have also received much positive support for the issue.
On a personal basis, I don't mind mentioning to you that more than any other issue during the past 38 years that I have been involved in state government, I have found my participation in this cause both depressing and rewarding.
It's been depressing because in addition to the attacks and criticism as well as some hateful and hurtful comments which I've received and which have also been directed toward you, I have during these past few weeks often thought of my own "significant other," Darryl, who died after an automobile accident just two days after our 10th anniversary. I have had a lot of memories of him lately as I've been reminded that if he was still here, I'm certain we would be looking toward being able to celebrate our own Civil Union. While it was a long time ago, I just wish things were different. It wasn't to be.
But the cause has been rewarding because I see so many people already saying that they are looking forward to celebrating their Civil Union and making their commitments as couples to share their lives and their love together. What a wonderful thing that will be, and what an excellent gift for our state each of those Civil Unions will become.
House Bill 437 is simple. It provides that all of the same rights, obligations, and responsibilities which are currently granted for differently-gendered couples in "marriage" would be given to same-gendered couples in "Civil Union." It is not marriage, but it IS fairness, the New Hampshire Way.
Some people have already attacked the bill on the basis that it is incomplete or that it is destined to be challenged. I believe it does the job. As sponsors, Representative Dana Hilliard and I were careful during the drafting process to encourage simplicity, clarity, and careful reference to relevant statute. This Civil Unions bill accomplishes the goal of fairness.
We all know that no law is perfect, and that indeed there may be improvements on this law we will need to work on as time goes by. The marriage laws themselves have gone through decades of amendment and statutory change. In fact, the law of 1975 protecting the New Hampshire First-In-The-Nation Presidential Primary -- something quite close to my heart --has undergone several revisions, some of which I have worked on with you, and one which hopefully will be on its way to your desk in the next three or four weeks. Our work continues.
Once House Bill 437 becomes law, New Hampshire would be the first state to adopt Civil Unions without a court order, and without a pending court suit. That this legislation is fully a citizens' initiative in a citizen's legislature is something of which we should be proud.
Some 25 years ago I was a member of the New Hampshire State Senate. During 1982 we discussed education funding, environmental issues, the housing crisis, the minimum wage, drunk driving, whether Martin Luther King, Jr. Day should be adopted, and whether to limit smoking in public places -- including in those Senate chambers. Some issues change. Others stay the same.
A quarter of a century is indeed a long time, and in politics issues are resolved over the years, and others evolve. Little would I have imagined a quarter of a century ago that today one of the major social issues of a Legislative Session would be whether to adopt Civil Unions for our gay and lesbian residents.
While I won't be using Civil Unions myself, thousands of other New Hampshire gay and lesbian loving couples will be able to show their commitment and love with one another, and share their lives together. In another quarter of a century -- year 2032 -- I think most people who call New Hampshire "home" will wonder what the fuss about this issue was all about, so long ago.
On Earth, nothing is more important than the way we treat one another. For New Hampshire's future, equality and fairness for all of our residents is an expectation we should have. That is good for society. Civil Unions are good for New Hampshire.
I thank you for your dedication to the state, and for your acceptance of this important improvement in the way we treat one another. On a very personal basis, I respect and appreciate your vision and your foresight in working for a future that will end discrimination and will build bridges between people.
The State Senate approved House Bill 437, creating Civil Unions for New Hampshire, this past Thursday by a vote of 14-10. That follows the 243-129 bipartisan vote two weeks ago in the House.
For those who helped, thank you. We are taking an important step toward equality in New Hampshire, and that is a good thing to do. It's been hard work for the past several months - - in fact, for the past several years. The work contiues...
The bill next goes to Governor John Lynch for his approval. He may get it by next Monday or Tuesday, although that timeline may be delayed slightly as final "enrollment" of the bill is completed.
This isn't law yet -- and I urge people who support House Bill 437 to write an E-Mail, make a telephone call, or write a hard-copy letter (that's the paper version of an E-Mail) to Governor John Lynch thanking him for his indication that he will sign the bill, and mentioning to him why it is important that he do so. We need to do that within the next five days or so.
If you can, make your letter personal - - tell him YOUR story, or the story of your friends or neighbors or family. Let him be able to learn more about why Civil Unions will benefit people, so that he can tell the people of the state he heard from us.
You can mail them to Governor John Lynch, The State House, 25 Capitol Street, Concord, NH 03301. Or feel free to call and leave your message at 603-271-2121. His FAX is 603-271-7680. His office receives E-Mails through the State of New Hampshire WEBSITE, nh.gov, clicking on "Governor John Lynch," then "Contact Governor Lynch."
Please pass this message onto those who you know are supportive of Civil Unions and are for equality for all of our New Hampshire residents. I copy the legislation below for your information as you prepare your letter to Governor Lynch.
The news from Governor John Lynch that he will sign House Bill 437, which creates Civil Unions in New Hampshire, if it reaches him is fantastic -- but the job is not yet done. The State Senate will be voting on the legislation next Thursday, and that follows the bipartisan vote of 243 to 129 in the House two weeks ago.
A great deal of work has already been done, but there is more to do. Please, contact the State Senators -- sending personal E-Mails or letters to each of them if you can, at least to those in your part of the state. They will be hearing from many others, for and against.
We also have to keep contacting Governor John Lynch to voice our support. You can mail them to Governor John Lynch, The State House, 25 Capitol Street, Concord, NH 03301. Or feel free to call and leave your message at 603-271-2121. His FAX is 603-271-7680. His office receives E-Mails through the State of New Hampshire WEBSITE, nh.gov, clicking on "Governor John Lynch," then "Contact Governor Lynch."
Please pass this message onto those who you know are supportive of Civil Unions and are for equality for all of our New Hampshire residents.
For your further information, the bill appears below the fold. It is streamlined and simple: it provides for all of the same RIGHTS, RESPONSIBILITIES, and OBLIGATIONS which are currently given to differently-gendered couples in "marriage" to same-gendered couples as "Civil Unions." One of my previous posts includes the contacts for all of the State Senators. Thank You!
ERROR of my previous Blog post: The State Senate will not hold a vote on the Civil Unions bill next week. As way of explanation, when the Senate Judiciary Committee voted on the Civil Unions bill Thursday morning, I was of the understanding that the bill would be reported for next week to the Senate floor.
However, the decision for setting calendar action is based on a variety of factors based on workload and Senators' availability, and whatever. The same happens in the House. And since the calendar for next week's Senate meeting wasn't prepared until later in the day Thursday and Friday morning, well - - Civil Unions isn't scheduled. If I contributed to any confusion, I'm sorry. Nevertheless, here's my updated message! - -
Civil Unions: Next Stop - State Senate Floor
The State Senate Judiciary Committee voted this past Thursday morning to approve House Bill 437, which passed the House last week by a bipartisan vote of 243 to 129. The Committee vote was 3-2, and followed a 5 1/2 hour public hearing this past Tuesday in Representatives' Hall. The bill will be reported to the Senate floor soon.
Please, if you can attend that Senate meeting, whenever scheduled, do so. It would be very supportive for us to be in the gallery. Also, please contact the State Senators -- sending E-Mails or letters to each of them is important at this point, at least to those in your part of the state. They will be hearing from many others, for and against.
It is especially very useful if you could send a letter to Governor John Lynch. You can bring it to his office if you're at the State House during the next few days, or mail it to Governor John Lynch, The State House, 25 Capitol Street, Concord, NH 03301. Or feel free to call and leave your message at 603-271-2121. His FAX is 603-271-7680. His office receives E-Mails through the State of New Hampshire WEBSITE, nh.gov, clicking on "Governor John Lynch," then "Contact Governor Lynch."
Please pass this message onto those who you know are supportive of Civil Unions and equality for all of our New Hampshire residents.
The State Senate Judiciary Committee voted this past Thursday morning to approve House Bill 437, which passed the House last week by a bipartisan vote of 243 to 129. The Committee vote was 3-2, and followed a 5 1/2 hour public hearing this past Tuesday in Representatives' Hall. The bill, sponsored by Somersworth State Representative Dana Hilliard and myself, will be reported to the Senate floor next Wednesday.
If you support the Civil Unions bill, which is printed in full in an earlier Blog post under my name, please contact the State Senators -- sending E-Mails or letters to each of them is important at this point, at least to those in your part of the state. They will be hearing from many others, for and against. You can visit the New Hampshire WEBSITE, nh.gov, for a listing of all Senators.
It is also very useful if you could send a letter to Governor John Lynch. You can mail it to Governor John Lynch, The State House, 25 Capitol Street, Concord, NH 03301. Or feel free to call and leave your message at 603-271-2121. His FAX is 603-271-7680. His office receives E-Mails through the State of New Hampshire WEBSITE, nh.gov, clicking on "Governor John Lynch," then "Contact Governor Lynch."
Well, things are happening fast in the effort to adopt Civil Unions for New Hampshire. Last Wednesday the House voted in an astounding way, 243 to 129, in favor of House Bill 437 (copied below). The debate was over 2 1/2 hours long, and was passionate on both sides. But the bipartisan result (most of the Democrats voted for the bill, and we picked up 27 Republican votes) was a historic moment for New Hampshire and the nation.
The cause continues: This coming Tuesday, April 10th, the State Senate Judiciary Committee will hold a public hearing on House Bill 437, which I'm sponsoring with Somersworth State Representative Dana Hilliard. It will begin at 1:15 PM in Representatives Hall, which for orientation purposes is directly under The Golden Dome at the State House in Concord.
PLEASE E-Mail your thoughts to as many State Senators as you can, and CALL those in your part of the State. Let them know how this bill will help the cause of greater equality. Tell your story. Tell your friends stories. Contact information appears below.
The Senate Judiciary Committee:
Senator Joe Foster Chair (Democrat)
Senator Dave Gottesman Vice Chair (Democrat)
Senator Deb Reynolds (Democrat)
Senator Bob Clegg (Republican)
Senator Bob Letourneau (Republican)
Please tell your story in E-Mails or over the telephone, or bring a written statement or testify at the hearing.
Please treat everyone who is present with respect. People in the audience who are today's opponents could be tomorrow's friends and supporters. The education process continues.
The copy of HB 437 and a list of NH State Senators appear below.
House Bill 437 will be up for a vote in the NH House of Representatives this Wednesday. It would provide all of the same rights, obligations, and responsibilities of marriage currently granted to differently-gendered couples to same-gendered couples.
If you favor this legislation, please contact your favorite Legislators. A list of telephone numbers and E-Mails can be found on the New Hampshire WEBSITE, nh.gov. Go to "legislative branch" and click on "House."
It's about time that we bring this higher degree of equality for our gay and lesbian residents. If gays and lesbians represent 5-10% of our population, that would mean that some 60,000 to 120,000 New Hampshire residents would benefit. Same-gendered couples in a loving relationship could make their lifetime commitment to one another, and that is a good thing for society.
It is good for New Hampshire when gays and lesbians join the ranks of "married people." That will hurt no one, and will only enhance the importance of marriage and will expand family values.
Vermont, Connecticut, and New Jersey currently provide civil unions, and Massachusetts provides full marriage equality for gay and lesbian residents. All that has happened of any "negative" consequence is ... the price of gasoline has gone up!
NH State Representative Dana Hilliard of Somersworth and I are offering legislation allowing Spousal Unions between same-sex couples as part of the march toward equality for all of our New Hampshire residents.
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.