Levellers

Faith & Social Justice: In the spirit of Richard Overton and the 17th C. Levellers

NH Gov Seeks Way Forward on Marriage Equality/Religious Liberty

New Hampshire’s legislature has become the latest to enact legislation permitting same-sex civil marriages, after language changes that would protect the religious liberty of churches, synagogues, etc. which believe that participation would violate their deepest convictions.  Gov. John Lynch (D-NH) is set to veto this legislation because he believes the religious liberty protections are not enough.  But in a surprise move that should elate both GLBT rights advocates and champions of religious liberty, Gov. Lynch today decided not to veto the bill outright.  Rather, meeting with leaders of the legislature, he sent the bill back with  proposed amendment that, if adopted, he will sign into law.

This could be the way forward in the struggle for marriage equality.  I have been confident that the religious liberty concerns could be worked out, but doing so in advance avoids needless court cases in our already litigious society.  If it works,  NH’s law could be a model for other states where support for marriage equality is strong, but so are religious liberty concerns:  New York, New Jersey, Rhode Island, and even California.  When this inevitably reaches the federal level,  through the legislative repeal of the “Defense of Marriage Act” or through the courts or both, the NH “Lynch solution” may provide wisdom there, too. 

Below is the full text of Gov. Lynch’s speech, today, and the language he wants the NH law to include:

“The gay marriage debate in New Hampshire has been filled with passion and emotion on all sides.

“My personal views on the subject of marriage have been shaped by my own experience, tradition and upbringing. But as Governor of New Hampshire, I recognize that I have a responsibility to consider this issue through a broader lens.

“In the past weeks and months, I have spoken with lawmakers, religious leaders and citizens. My office has received thousands of phone calls, letters and emails. I have studied our current marriage and civil union laws, the laws of other states, the bills recently passed by the legislature and our history and traditions.

“Two years ago, we passed civil unions legislation here in New Hampshire. That law gave same-sex couples in civil unions the same rights and protections as marriage. And in typical New Hampshire fashion, the people of this state embraced civil unions and agreed we needed to continue our tradition of opposing discrimination.

“At its core, HB 436 simply changes the term ‘civil union’ to ‘civil marriage.’ Given the cultural, historical and religious significance of the word marriage, this is a meaningful change.

“I have heard, and I understand, the very real feelings of same-sex couples that a separate system is not an equal system. That a civil law that differentiates between their committed relationships and those of heterosexual couples undermines both their dignity and the legitimacy of their families.

“I have also heard, and I understand, the concerns of our citizens who have equally deep feelings and genuine religious beliefs about marriage. They fear that this legislation would interfere with the ability of religious groups to freely practice their faiths.

“Throughout history, our society’s views of civil rights have constantly evolved and expanded. New Hampshire’s great tradition has always been to come down on the side of individual liberties and protections.

“That is what I believe we must do today.

“But following that tradition means we must act to protect both the liberty of same-sex couples and religious liberty. In their current form, I do not believe these bills accomplish those goals.

“The Legislature took an important step by clearly differentiating between civil and religious marriage, and protecting religious groups from having to participate in marriage ceremonies that violate their fundamental religious beliefs.

“But the role of marriage in many faiths extends beyond the actual marriage ceremony.

“I have examined the laws of other states, including Vermont and Connecticut, which have recently passed same-sex marriage laws. Both go further in protecting religious institutions than the current New Hampshire legislation.

“This morning, I met with House and Senate leaders, and the sponsors of this legislation, and gave them language that will provide additional protections to religious institutions.

“This new language will provide the strongest and clearest protections for religious institutions and associations, and for the individuals working with such institutions.
It will make clear that they cannot be forced to act in ways that violate their deeply held religious principles.

“If the legislature passes this language, I will sign the same-sex marriage bill into law. If the legislature doesn’t pass these provisions, I will veto it.

“We can and must treat both same-sex couples and people of certain religious traditions with respect and dignity.

“I believe this proposed language will accomplish both of these goals and I urge the legislature to pass it.”

Attached is the language Gov. Lynch has proposed for the same Sex legislation.

# # #

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.

May 14, 2009 - Posted by | church-state separation, civil liberties, GLBT issues, human rights., religious liberty

2 Comments

  1. This is another indication that the face of our country is changing. Not for better or worse.

    I believe that the institution of marriage should be reserved for a man/woman relationship but it appears that more than a few governors don’t believe the same thing. I accept it, move on, and realize that many are liberated by this legislation.

    I feel that my home state of NJ may be the next to enact same same-sex legislation.

    Even though I don’t necessarily agree I applaud these governors for standing up for what they believe in. With any mass movement it’s always the first few that have to make the toughest s because they are subject to the most criticism.

    Ryan

    Comment by The People's Program | May 15, 2009

  2. NJ HAS introduced marriage equality legislation, but it looks like it will die in committee THIS session. NY’s version has passed the General Assembly, but looks to come a few votes short in the state Senate this session. (They need 32 votes and have 28 so far.) Rhode Island, in many ways the most liberal state in New England, will be a holdout this session. The bill will die in committee.

    I wonder whether the next state in the Midwest (if Iowa doesn’t reverse) will be Illinois, Wisconsin, or Minnesota?

    Washington state is trying the “equal in all but name” approach. Will California reverse Prop. 8? Before or after Oregon has marriage equality?

    Which state will be the first in the Southeast to have marriage equality?

    When will the federal government repeal the “Defense of Marriage Act?”

    Comment by Michael Westmoreland-White | May 15, 2009


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