Marriage Equality Update: NH Edition

Ken AshfordSex/Morality/Family ValuesLeave a Comment

Looks like NH Gov. John Lynch is going to veto the same-sex marriage bill passed by both houses of the NH legislature.

He gives a long explanation here, but it boils down to this: he wants additional legal protections for religious and fraternal institutions, specifically:

I. 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 their 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.

II. 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 Constitution of the United States and part 1, article 5 of the Constitution of New Hampshire

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

IV. Repeal. RSA 457-A, relative to civil unions, is repealed effective January 1, 2011, except that no new civil unions shall be established after January 1, 2010.

What does this mean?  Simply that the government or citizens can't go after (in court) a church if that church's religion compels it to refuse to perform a same-sex wedding ceremony.  Same protection for the Local Order of Elks (or whatever) who refuse to rent their hall for a gay wedding.

I don't think these added provisions are unreasonable, especially the part pertaining to religious organizations (the First Amendment probably protects them anyway, but what the hell).  I'm less crazy about the second provision — the one that allows fraternal organizations to discriminate, but what the hell.  We'll give them a pass.

As the governor notes, these protections exist in the current laws of Connecticut and Vermont.

I suspect the governor's sought-after provisions will be added to the bill, and the governor will then sign.