NH Senate Bill on Gay Marriage Attracts 400 People

By David Darman on Wednesday, February 18, 2004.

listen:

More than 400 people attended a New Hampshire Senate Committee hearing yesterday on same sex unions.

The bill that drew all this attention would make it illegal for New Hampshire to recognize same sex marriages performed in other states.

New Hampshire Public Radio?s David Darman has more.

Sponsors of the bill to outlaw recognition of same sex unions say the measure is necessary because same sex marriage may soon be legal in Massachusetts.

Senator Jack Barnes of Raymond says the bill would close an unintended loophole in New Hampshire statute.
although our existing law in nh prohibits marriages between two men or two women, the loophole forces nh to recognize same sex marriages performed in other states. If we don?t close this loophole, out of state same sex couples or move here will demand recognition of same sex marriages. :22

Many supporters of the measure saw it as a way to uphold the traditions of religion and ancient custom.

Father Edward Arsenault of the Catholic Diocese of Manchester spoke on behalf of Bishop John McCormack.
from a religious perspective the matter of honoring marriage is quite simple. One cannot change what G-d has created. To alter what G-d has created for any reason is an affront to G-d, and
alters the common good.

But opponents of the bill saw it quite differently.

In fact, the highest ranking Episcopal prelate in New Hampshire argued there was no religious ground for the measure.

Incoming Bishop Gene Robinson of the Episcopal Diocese of New Hampshire is openly gay.

He told lawmakers that marriage has long been a civil matter.
From its inception in the old and new testaments and throughout history marriage has been first and foremost about the disposition of property. Indeed the church did not promote or even recommend it until the middle ages, except for property holders, who might want to be clear about their belongings.

Members of New Hampshire?s legal community differed on the meaning of the bill and whether it is necessary.

Some said the measure would make sure New Hampshire would not have to recognize same sex unions.

But others said New Hampshire?s Attorney General had already stated that existing law did not recognize gay marriage, so a new law is unnecessary.

Claire Ebel of the New Hampshire chapter of the American Civil Liberties Union agreed that the law isn?t needed as a practical matter.

But she also warned that since the wording of the bill differs from existing law, it would create a problem with the federal constitution.
The full faith and credit clause of the united states constitution guarantees that individuals that have rights respected or established in one state must have those rights respected or established in another state. And so this bill, rather than plugging a loophole, creates a federal constitutional challenge with regard to full faith and credit clause of the united states constitution. :23

In order to become law, the bill has to pass out of committee to the full Senate, and then the House.

If both chambers pass the bill, it would go to Governor Craig Benson, who has said he supports it.