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New Hampshire Senate Passes Same-Sex Marriage Bill Different From House Version

By Howard M. Friedman

Yesterday, the New Hampshire Senate passed by a vote of 13-11 a bill authorizing same-sex marriage in the state. The House also approved a same-sex marriage bill last month, but differences between the Senate and House versions mean that the bill must now go back to the House for its approval. HB436, as amended by the Senate, provides:

Any person who otherwise meets the eligibility requirements of this chapter may marry any other eligible person regardless of gender. Each party to a marriage shall be designated "bride," "groom," or "spouse."

The bill also provides that a marriage may be solemnized either in a civil ceremony or a religious ceremony, and that neither clergy nor civil officials shall be required to officiate at any civil of religious marriage ceremony that would violate their free exercise of religion. Baptist Press reports that the Senate amendment clearly recognizing a difference between religious and civil ceremonies convinced Senate Judiciary Committee Chairwoman Deborah Reynolds to vote for the bill in the full Senate after opposing it in committee.

Under the bill, previous civil unions will be recognized as marriages in the state. AP reports that New Hampshire Governor John Lynch has said that the crucial issue is providing the same rights and protections to same-sex couples as to others, and that the state's existing civil unions law does that. Thus it is unclear whether the Governor will sign the same-sex marriage bill even if both houses agree on it.

Full post as published by Religion Clause on April 30, 2009 (boomark / email).