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(I think this major accomplishment stands out as one of the best things that happened in NH in 2009. - Mike Hoefer - promoted by Dean Barker)
Beginning on New Year's Day, January 1, 2010, at 12:01 AM, New Hampshire will have marriage equality within our laws for all of our citizens. I have expressed my thanks in the past months to so many people in and out of government who have made that day possible. At the moment that House Bill 436 becomes effective, it will have been the result of twenty, even thirty years of advocacy for equality by many people throughout New Hampshire -- thousands of people, some whom are no longer with us except in spirit -- who have brought us to this point. And as we all know, work still needs to be done.
Writers and bloggers on www.BlueHampshire.com contributed greatly to the success of HB 436. On the dark days when the votes were too close, or when the bill stumbled, BlueHampshire hampsters came to the front. Beginning on March 18th, we had 14 core votes on the bill in the House and Senate: an initial House Judiciary Committee vote of 10-10, a House floor defeat a week later of 182-183, followed minutes later by a victory of 186-179, then a Senate Judiciary Committee vote of 2-3, followed by a Senate floor vote of 13-11, and numerous other close votes followed on related "religious protection" bills. But we won despite our opponents putting up every parliamentary roadblock they could think of. On this issue, every supporter made a difference along the way. There are many heroes of marriage equality.
I do try to keep my Blogposts non-personal -- but on a personal note, although I haven't talked about him much in recent years except to a few people, I've been thinking a lot during the past few weeks about my longtime partner, Darryl. He died after an auto accident two days after our 10th Anniversary. It was quite some years ago, so the good memories remain.
I'm pretty good at visualization, so I felt that Darryl was next to me when I was standing behind Governor John Lynch as he signed HB 437, the Civil Unions bill, on May 31, 2007. And I also felt Darryl standing with us as the Governor signed HB 436, marriage equality, on June 3rd of this year. He had a wonderful smile that day.
I'm fighting off a cold right now, but at the moment I'm hoping to be at the State House on New Year's Eve. Wherever I am at that minute just past midnight, or if I'm there in the audience looking up at the ceremonies of several couples being married, in my mind Darryl will be there with me. We'll be holding hands. I know we would have been among the first to be married if he was still here -- we often joked that we were married long before it seemed possible. We'll be together again eventually, but that moment of 01/01/10 - 12:01 AM will bring a special smile to me.
And for that, I offer a very special thank you to everyone who helped make this possible -- for the dialogue, for the passage of marriage equality, and for your acceptance.
So I sign this as a Thank You -- From Jim & Darryl. A Thank You Very Much.
The Death Penalty Task Force Study Commission has been working on reviewing our state's statutes for the past couple of months. They have until next December to do the job. I sponsored the legislation creating the Commission earlier this year with the realization that we need to have the "think-tank" dialogue before we can really hope to abolish the death penalty.
The 22-member Commission includes appointments from the Governor, the Senate President, and the House Speaker. Serving as chair is former Chief Justice Walter Murphy, and members include Senator Amanda Merrill, Rep. Steve Shurtleff, Rep. Renny Cushing, former Merrimack County Attorney Dan St. Hilaire, former Attorney General Philip McLaughlin, and others such as former Rep. Jim MacKay, Deputy Attorney General Bud Fitch, Attorney Larry Vogelman, and former Rep. Jackie Weatherspoon. It isn't biased toward one side or the other, from what I read of their discussions.
Right now we're in league with Iran, Iraq, Saudi Arabia, China, North Korea and Texas as having a penalty of death by execution. The alternative that I and others have proposed is a death penalty of life in prison without any chance of parole until death -- and God makes that decision. Most of the world has abolished the death penalty, and most religions oppose it.
In 2000 the House and Senate passed legislation to abolish the death penalty, which was vetoed by Governor Jeanne Shaheen. It was the first time since the 1970s that a state's legislature had approved abolition, but we came up short when the governor vetoed it. I was primary sponsor of the bill, and Governor Shaheen invited myself and others to make our case to her, and while to this day I disagree with her decision I respect it. Governor John Lynch has also said he would veto a death penalty abolition bill, and I too respect his decision -- he allowed me to bring in a group of people to discuss the issue with him a few years ago on another bill I was sponsoring before he made his decision.
However, in future years the cause will continue, and with that in mind I think we have to continue the dialogue. The Task Force has already received information that by far most death penalty cases do not end up in a conviction of death, and most convictions are not carried out to execution. In the meantime, tremendous financial resources are placed on such trials -- money that could more appropriately be used for better law enforcement and measures which really deter crime. Beside all that is the horrible negative message the death penalty gives to the youth of a society.
The following commentary was written by Portsmouth attorney David B. Hirsch. It presents the case for abolishing the death penalty in very human terms. I am posting it on www.BlueHampshire.com with his permission.
There's cold. There's New Hampshire cold. And then there's New Hampshire cold in January when even for a boy from Boston, it was freezing. I still remember how incredibly bitterly cold it was the Saturday before the primary in 2004 (yes, more than five years later, I still am warming up.) I was there working for the Kerry campaign, and we were doing a series of events to promote John. As I stood listening to his speech I noticed that one of the people who braved the bitter cold to attend the event that morning was a New Hampshire man in his 50's. With him was his 10-year old son. He had a notebook and listened intently to what Senator Kerry had to say. After our event, I spoke with him and learned that father-son team planned to go hear Senator Edwards speak, and then Governor Dean. The father was both making up his mind by listening to each of the candidates' views, and teaching his son a powerful lesson in fulfilling his duties as citizen of the United States of America. For anyone who has asked me since what I think about New Hampshire having the first primary, I always tell this story because, to me, they deserve to have it.
(By now we know the sad outcome in Maine, but the message for New Hampshire remains - promoted by Laura Clawson)
It's about 12:30 AM, the morning after Election Day, and I feel rather, well -- not great. At this point, the vote in Maine on Question 1 is, at best, too-close-to-call, although we can hope for the best.
Either way, it ended up being close, and the cause has to continue. We know there are those forces trying to continue discrimination. But love is greater than hate, and I know eventually equality will prevail -- in Maine, here, and everywhere.
Nevertheless, the reality is that the next effort to turn back the clock will be right here in New Hampshire come this January. Legislation has been entered to repeal House Bill 436 and marriage equality. The 2010 Legislative Session begins in just 8 weeks, and that means we have work to do now.
We won last Spring by keeping in mind that whatever vote we had "yesterday," whether it was a victory or a setback, wasn't as important as the next vote we had to take on the issue. We kept looking forward, expanding our supporters, and eventually we won.
I'm confident we will hold onto our supporters in the House and Senate, and that Governor John Lynch will remain steadfast in his strong support for equality. But it would be good to "max out" on our support in the Legislature in a few months.
Whatever the final result in Maine, and no matter how close, WE CAN DO THIS. We can have marriage equality, and hold it here. But it will take continued work. We have to remain optimistic, and continue looking forward.
And www.BlueHampshire.com Bloggers will be needed as much as ever to help get the word out. Last Spring, they made the difference. They can again. We need everyone.
For all our friends in Maine who put their hearts and souls in the fight, our thoughts should be with them, and our congratulations for their efforts. I'm hoping when I wake up I'll see a wonderful headline. Either way, the adventure continues...
(And here's a site that can set you up for making phone calls, good neighbors. - promoted by Dean Barker)
Please make calls Monday and Tuesday to Maine. OR, at send E-Mails to anyone you know.
Like many people, including from New Hampshire, I spent most of the weekend, and quite a few days during the past several months, in Maine -- in the Kittery, York, and Ogunquit areas -- helping friends in the fight against repeal of their marriage equality law.
But they need more help. The vote will likely be close, and the result depends on voter turnout.
Please, IF YOU KNOW OF ANYONE -- a current or former co-worker of yours, a friend, a family member, a long-lost classmate -- anyone who lives in Maine, give them a call on Monday or Tuesday and ask them to vote against repeal. Vote "NO" on Question #1.
What worries me most as I've talked with people over the telephone and in person at their doors is that there is still a misunderstanding of what marriage equality will do, and won't do. There won't be "teaching of gay marriage" in schools -- I don't know how you'd teach that anyway. And there won't be any negative impact on anyone else's marriage.
Tell your friends in Maine that their very good Governor, John Baldacci, supports marriage equality, just as our good Governor, John Lynch, does. There is a feeling among some voters that they are losing something. Actually, they're gaining something -- the greater freedom and love that will be shared by more of their citizens.
Your calls may result in THE votes that will make the difference. The ads have been run. The letters have been mailed. Now as in all elections, it's all about who turns out at the polls.
New Hampshire's same-gendered couples can now apply for marriage by going to their Town or City Clerk's Office. New marriage licenses for all couples have been sent to the clerks by the Division of Vital Records in the Office of Secretary of State after they were revised to reflect New Hampshire's marriage equality law passed by the State Legislature this past spring. All couples whether same-gendered or differently-gendered will use the same form, and today is the first day for getting the license.
As of last week, there were 774 Civil Unions completed throughout the state. The Civil Unions law had become effective on January 1, 2007. Those Civil Unions can be upgraded to marriage by filling out the now-available marriage form.
Before we store away all of our signs, buttons, label stickers and flyers promoting equality, let's keep in mind that our opponents are not yet giving up, not totally. Burt Cohen's Blogpost reminds us of that, and if you "Google News," you will see some of the hate-filled responses about what New Hampshire has done.
The National Organization for Marriage (NOM?) raises its money by keeping the fear going, and they have already threatened to go to the cities and towns throughout New Hampshire and ask local governments to voice their opposition to the new law as it goes into effect on January 1, 2010. Then they plan to use any momentum they gain from that effort in the November, 2010 election. Target: Governor John Lynch and New Hampshire Legislators, THEN they'll go after the new marriage equality law.
I have no doubt they have the financial resources to carry out their threat, and since it means more fundraising opportunities for them, they also have that motive. Money can buy more money, and fear can open checkbooks. We can see from the past couple of months what kind of advertisements they can run -- making people fearful of "the gathering storm."
So we need to keep ourselves alert and active. I don't think any of our cities or towns would pass resolutions opposed to marriage equality. The outsiders who are part of the National Organization for Marriage don't know New Hampshire people, or the New Hampshire Way.
Nevertheless, part of our job during the next six months will be to make sure that the process of marriage equality occurs smoothly. I'll be meeting with some state officials, as I did two years ago for the implementation of Civil Unions, to be sure the effective date of the new law comes without logistical problems.
The smiles of joy and happiness that will be in pictures in daily and biweekly newspapers throughout our state will go far at making it clear to our New Hampshire residents that saying "yes" to marriage equality was a good thing to do.
It may be true that those who spew hate can scare up more hate.
For months I've been ending my barrage of often boring communications and commentaries and "Calls To Action" in www.BlueHampshire.com and elsewhere with "Equality. 2009. We Can Do It."
It's been done.
But not by accident.
After I got home tonight from a dozen hours at the State House, I noticed that readers of www.BlueHampshire.com kept nicely up-to-date with the day's happenings -- from the outside rally to the upstairs gallery and the minute-to-minute action on the floor. I couldn't write a better summary than those Blog postings and Open Threads provided. Good writing and reporting by all.
I will make one personal comment about today, however. Last night I dreamed of my long-ago partner Darryl, who I've mentioned just now and then. I don't talk or write about him too often, mostly because it's still hard to do so and he's in my private memory now.
I lost him quite some time ago, over 15 years have passed now -- long story, he had an auto accident the day of our 10th anniversary, racing back from work for a dinner I was preparing, and died two days later. I've always felt guilty in a way, because I urged him to get back in time. Since then I've usually felt that it's quite okay to be late for just about anything, as long as you get there.
A VERY important election is being held this Tuesday, June 2nd -- that's like "tomorrow" -- in Lebanon. It's for a seat in the New Hampshire State Legislature.
We lost House Bill 73 by one vote two weeks ago. This could be THE vote that will get it passed on Wednesday if our Democratic candidate wins and he can be sworn in on time!
Besides, he's a mighty good candidate.
His name is Andy White, and he's the Democratic candidate running against Republican Randy Wagoner.
Andy White has said he would have voted for House Bill 436, which has already passed the House and Senate and will be sent to Governor John Lynch shortly. He says he will support HB 73.
The special election is the result of a resignation this past March.
Andy has been a firefighter for Lebanon during the past ten years. He has also served on the Lebanon School Board. People who know him say he is thoughtful and deliberative in his decision making and understands many of the challenging issues that are facing our state.
The Republican Party has spent a lot of money on the Republican's campaign. Their candidate is anti-choice and is against marriage equality
The Lebanon Democrats need help in getting out the vote on Tuesday. Please contact anyone you know in Lebanon and tell them it is a short ballot, and all they have to do is go into the voting location Tuesday from 8:00 AM to 7:00 PM and cast their vote. The usual polling places will be open, and people can call the Lebanon City Hall if they have questions.
If you have time to spend on the campaign, you can call Democratic State Representative Laurie Harding in Lebanon -- 448-5206, E-Mail: lharding@valley.net
(Huge news! Thanks for all the details, Jim. - promoted by Dean Barker)
It was a good day for the cause of marriage equality in New Hampshire. But it's not over yet. We're going into our 9th month of working for marriage equality during this Legislative Session, but we still have a few days to go.
But Friday afternoon, the Legislative Committee of Conference on HB 73, which both the House and Senate agreed last week to create, met and after a two hour discussion has recommended passage of the bill.
The legislation includes language that Governor John Lynch requested which will put clearer protections for freedom of religion into our state statutes. The Governor has said that he will sign House Bill 436, which provides for marriage equality, if HB 73 is passed.
A Committee of Conference has been appointed by the House Speaker and Senate President on House Bill 73, the legislation that has language which Governor John Lynch has requested to protect religious freedom and independence. The CoC includes Senators Bette Lasky (D), Deb Reynolds (D), and Sheila Roberge (R), and Representatives Lucy Weber (D), Gary Richardson (D), Bob Thompson (D), and Tony DiFruscia (R).
It is traditional that Committees of Conference are made up of members of the Legislative Committees to which a bill had been sent. All members on this CoC are on the House or Senate Judiciary Committees.
The first meeting of the HB 73 CoC will be Friday in room 104 of the Legislative Office Building at 1:30 PM. All meetings of a Committee of Conference are open to the public. Some such Committees hold one meeting and that's it; others have several meetings over the course of several days, and even longer. The first time the HB 73 CoC could report back to the House and Senate with a recommendation is next Wednesday, June 3rd. It is possible that a report could wait until the Wednesday, June 10th Legislative Session day.
Let's keep in mind two important facts: FACT 1: House Bill 73 is NOT an amended version of the marriage equality bill, nor does it "amend" HB 436. House Bill 436 has passed the House and Senate, and awaits on the Senate President's desk before moving onto the Governor's Office. That is a normal procedure at this point of a Legislative Session depending on whether related bills need to "catch up" in the process, so that they can then be given to the Governor together. HB 436 IS the marriage equality bill, and it is stand-alone legislation that creates the process of same-gendered couples being able to be married.
House Bill 310, a short bill, has also passed the House and Senate, and is accompanying HB 436 eventually because it makes small changes to statute concerning marriage procedures. It too is not an "amendment" to HB 436, but instead affects separate statutory language. All together, our marriage laws cover dozens of pages of state laws.
HB 73 is not a long bill. It is about a page long, and has specific protections for religious groups, Churches, and those who are employed by them from having to be engaged in marriage ceremonies which they don't wish to be. It is, quite essentially, a way to more clearly state the protections of religion which are already written into our Constitution and other state laws. It is in part based on the Connecticut marriage equality legislation recently passed in that state.
Anything worth fighting for is worth keeping fighting for until you win.
A lot of people worked long and hard to get to this point, and to almost win final approval of our cause today. So, let's not lose it because of lack of patience, or due to frustration. We can do this.
Criticizing the Governor, or pointing fingers to a few House members, does no good. Finding a way to get more House Reps to vote FOR us in two weeks will.
What has to happen is the Governor's requested language to protect freedom and independence of religion has to pass into statute, and that means House Bill 73 has to pass. The good news is that we can do this -- the House by a vote of 207 to 168 said that we should have a Committee of Conference to find a way to do this. I take that as a mandate that we should keep at the job.
The Committee of Conference will be created next Wednesday when the State Senate agrees with the House on the motion.
(The amendment's language is printed in full at the end of the piece. - promoted by Jennifer Daler)
We're down to the wire on passing marriage equality, which if we can make this work is going to help tens of thousands of New Hampshire citizens who for decades have had to put up with inequality, plus the intolerance that we have faced in many ways.
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.
(Click here to contact House Reps and here for Senators. - promoted by Dean Barker)
During the past three days, I haven't been blogging much -- I've been focusing on communicating with House and Senate members about House Bill 436, and what needs to be done during the next three days. I'm hopeful that by Wednesday we will have approved the additional statutory language that Governor John Lynch wants to make it clear that religious organizations and those connected with them have freedom and independence in our state law.
I have seen considerable dialogue, and numerous questions, on www.BlueHampshire.com during the past couple of days, and I've noticed some excellent responses by Kathy Sullivan, Dean Barker, and Brian Rater, as well as others. I think those questions have been accurately answered, and I'll be giving more streamlined details in the next day or so about the Governor's language to House and Senate members. I'll post those on www.BlueHampshire.com too.
Governor John Lynch, to his credit, sees that his job is to provide protections for everyone in the state. That is why he wants the even clearer, more specific language for religious freedom/independence. During the past few days, as I researched the marriage equality discussions leading to the final versions of legislation in Vermont, Connecticut, and Maine, it's clear that their legislatures and governors went through a similar process.
The Governor's proposed language covers two core elements:
It's been an interesting ride. And to be pleased with where we are, it might be good to see where we've been, how far we've come, and what's ahead of us.
Anyone who has been paying attention to the progress of House Bill 436 and marriage equality knows the train track it's been on. Almost all along, it's been a balancing act, sort of like walking along the top cliff trails of the Presidentials.
Introduced formally on January 8th, HB 436 had a great 3-hour public hearing in the House Judiciary Committee on February 5th. That Committee voted a 10-10 tie on the bill, giving "no recommendation" to the House floor. The legislation initially failed on a 182-183 vote in the House on March 26th, then passed on a 186 to 179 vote. It went to the State Senate and had another great public hearing -- this one over 5 hours -- in front of the Senate Judiciary Committee, with over 500 people, most of them supporters, filling the State House chambers.
House Bill 436 received a 3-2 recommendation from that Committee that it be "inexpedient to legislate," or killed. However, our Democratic Senators worked to craft an amendment and on April 29th they approved the bill by a vote of 13-11. Back in the House last week on May 6th, HB 436 passed in final form by 178-167. Because of absences, if all those who we know supported the bill were present, it would have likely received 203 votes.
It's not over until it's over. Please, keep contacting Governor John Lynch about House Bill 436 and urge him to support marriage equality. Our opposition certainly is.
Write a letter, telephone, send an E-Mail, FAX, or drop in to his office and leave a note. If you see him out and about, let him know he should support marriage equality.
And thank him for allowing the discussion to occur in the Legislature -- something a certain unnamed neighboring Governor tried to stop by threatening early on, to use his one and single vote to veto.
I'm hoping John Lynch will support House Bill 436. This is an opportunity for him to become a well-remembered Governor. History treats well those leaders who stand against discrimination and in favor of equality and fairness. This is an opportunity for him to become a great Governor.
But if he doesn't, at least he allowed for the discussion, and he seemed to be listening right up to the end. It would be sad to see him use his one vote, through the power of veto, to negate those of so many others, but if he does it doesn't take away from the many good things he has done during the past five years.
Let's keep contacting Governor John Lynch. Let's urge him not to allow New Hampshire to become an island of discrimination surrounded by Canada, Vermont, Maine, and Massachusetts. That's a distinction that wouldn't positively reflect on New Hampshire values. Nor should he want to have been responsible for that. Just one signature is needed.
But whatever happens, let's keep the faith. We will have full marriage equality. Soon. If not 2009, soon. It will happen. It could happen now. With just one signature.
It's not over until it's over. Please, keep contacting Governor John Lynch about House Bill 436 and urge him to support marriage equality. Our opposition certainly is.
Write a letter, telephone, send an E-Mail, FAX, or drop in to his office and leave a note. If you see him out and about, let him know he should support marriage equality.
And thank him for allowing the discussion to occur in the Legislature -- something a certain unnamed neighboring Governor tried to stop by threatening early on, to use his one and single vote to veto.
I'm hoping John Lynch will support House Bill 436. This is an opportunity for him to become a well-remembered Governor. History treats well those leaders who stand against discrimination and in favor of equality and fairness. This is an opportunity for him to become a great Governor.
But if he doesn't, at least he allowed for the discussion, and he seemed to be listening right up to the end. It would be sad to see him use his one vote, through the power of veto, to negate those of so many others, but if he does it doesn't take away from the many good things he has done during the past five years.
Let's keep contacting Governor John Lynch. Let's urge him not to allow New Hampshire to become an island of discrimination surrounded by Canada, Vermont, Maine, and Massachusetts. That's a distinction that wouldn't positively reflect on New Hampshire values. Nor should he want to have been responsible for that. Just one signature is needed.
But whatever happens, let's keep the faith. We will have full marriage equality. Soon. If not 2009, soon. It will happen. It could happen now. With just one signature.
(Ha! Great Counterpoint, - promoted by Dean Barker)
I want to make the case that Governor John Lynch should sign House Bill 436, because it does matter. It's important for those gays and lesbians who have been bashed, ignored, abused, or faced intolerance for years, or for those who are today.
Looking back two years, when House Bill 437, which created the Civil Unions Law, passed the State Senate on April 26, 2007, we had a decent idea what John Lynch would do. We assumed he would not veto the bill, and in fact we were quite sure that he would sign it. The big question was whether he would sign it publicly, or privately and quietly.
On May 31, 2007, John Lynch signed Civil Unions into law in a crowded Executive Council Chambers at the State House. The next day, headlines and pictures about a popular New Hampshire Governor signing Civil Unions into law appeared in newspapers across the country and around the world.
His willingness to sign the Civil Unions Law was internationally reported on radio and television. Checking "Google News," there were more hits among the news sources that are surveyed by Google about his signing of Civil Unions than any other news story that week.
I believe John Lynch, by just taking a pen and writing his signature, saved lives that week. The second leading cause of suicide among young people is the questioning of one's sexuality. It's a tough thing to go through. I did. Because of some friends and family, I had an easier time of it than many others, but I did consider the alternatives. Back when I was a little pup, being "homosexual" was considered something illegal which should be hidden.
Right now, it's Friday morning. The next 96 hours are vital for getting your word to Governor John Lynch to support House Bill 436 for marriage equality. By then he might have the bill on his desk.
IF this bill doesn't become law, it won't be before 2011 that we can do this, and that might be difficult even then. We have to do this now.
So, PLEASE -- Even if you have already written to or called Governor John Lynch, do so again. If you haven't please do it now.
If you've already sent an E-Mail, today -- CALL. If you have already called, please -- WRITE A LETTER -- put a stamp on it and mail it. Today.
If you can please drop by the State House during the next few days and visit his second floor office -- the door is always open. Drop in and ask to see the Governor, or a staff member. He might have time and he enjoys talking with visitors. Or leave a note with the receptionist that you came by.
Office of the Governor
State House
25 Capitol Street
Concord, NH 03301
Telephone: (603)271-2121
FAX: (603)271-7680
Or, to send an E-Mail visit http://www.governor.nh.gov/con...
If you are gay or lesbian, send him your picture, tell your story. If you know someone who is gay or lesbian, tell him about them. Let him know we ALL count, and should be treated equally.
Visit the NH Freedom To Marry WEBSITE for other ideas: http://nhftm.org/
Whatever you do, PLEASE DO IT NOW. Governor John Lynch can make up his mind anytime on signing House Bill 436.
After he makes his decision, your words of advice won't matter.
We can do this. Equality. 2009. Let's bring it home.
