House Approves Gay Marriage Ban

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By Josh Rogers on Thursday, April 29, 2004.
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Lawmakers vote 213 to 140 to block recognition of gay marriages performed in other states. The move comes on the heels of the recent Massachusetts court decision that will give gay couples there the right to marry starting May 17th.

The historic vote followed several hours of often emotional debate that touched on topics ranging from Jim crow laws……and the suffragist movement to Nazi Germany……..and September 11th…….In that charged atmosphere the measure's key advocated strove to claim it's goals are modest, forthright and free of malice. Republican Tony Soltani of Epsom argued that since gay marriage isn’t permitted in NH, it would be unfair to recognize gay marriage performed elsewhere.

"This bill is about ensuring that NH residents are treated equally and will be entitled to the same rights and responsibilities of marriage….the same as those marriages celebrated outside the state by residents of foreign states and nations."

But to opponents the bill is nothing but an attempt that to ensure true equality won't be realized anytime soon.

"The passage of sb 427 will have the effect of taking a sledgehammer to every gay and lesbian in NH."

That's Manchester Democrat Ray Buckley.

"Mr. Speaker, through the years for being gay I have been beaten…..I have been spit upon I have had my home and property vandalized……I have been smeared on local cable television and I have been smeared to my constituents….But none of that will compare the pain I will feel if I witness the passage of this bill by my colleagues."

Buckley was one of several gay lawmakers who said they found the legislation wrongheaded……as well as wrong hearted…….But such criticisms were echoed by people located on all points of the sexual compass.
"I'm 100 percent heterosexual. In fact, as I told someone the other day I am 110 percent heterosexual."

Alf Jacobson is a New London….republican.
"And I oppose this legislation because it does discriminate, it intends to descrimate. And secondly, and more importantly, it's probably unconstitutional.

Champions of the measure, meanwhile, say the bill is an effort to ward off a constitutional crisis…..involving separation of powers. Hollis republican Harry Haytayan told lawmakers if they didn't act to shoring up NH's definition of marriage, a lawsuit might force the judiciary's hand..

"I would ask my colleagues…..How are we going to resolve this do we want to resolve this through statute and careful study? Or do we want to resolve this though a lawsuit and legal brief and then talk about amending the constitution? Is that what we want to do? I don't think so."

The measure now returns to the Senate for review……That chamber passed a similar plan last month………..But the house version adds a study commission to examine what laws would need to be changed to legalize civil unions….

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