Same-sex Marriage in New Hampshire - Marriage

Marriage

On March 18, 2009, the New Hampshire House of Representatives Judiciary Committee voted in a deadlocked vote 10-10 to send a same-sex marriage bill, HB 436, to the floor of the House of Representatives. The tied committee vote resulted in the Committee not being permitted to issue a recommendation on the bill. On March 26, 2009, the New Hampshire House of Representatives voted 182-183, but after a motion to reconsider the first vote, the vote was 186-179. On Thursday, April 23, 2009, the New Hampshire Senate Judiciary Committee by a vote of 3-2 recommended that the full Senate defeat the bill, but the following Wednesday, the Senate approved an amended version of the bill 13-11. The amended bill then went on to pass the House, and thus the legislature, on Wednesday, May 6, 2009; however, it was not clear whether Gov. John Lynch would sign it, veto it, or let it become law without his signature, and once the bill officially reached his desk, he would have five days to veto the bill before it became law. The bill recognized out-of-state civil unions as marriages. Couples who had New Hampshire Civil Unions would be able to apply for a marriage license, however if they didn't apply for a marriage certificate their civil unions would automatically be converted to marriages on January 1, 2011.

On May 14, Lynch, though being personally opposed to same-sex marriages, said he would sign the bill so long as it contained increased protections for churches against lawsuits if they refuse to marry gay couples. Legislative leaders indicated on the same day that they would allow the changes. On May 20, 2009, the Senate passed the changes 14-10, along party lines, but the House unexpectedly failed to agree later in the day by a vote of 188-186. Opponents tried to kill the bill, but failed 173 to 202. The House then voted 207-168 to ask the Senate to negotiate a compromise. On May 29, a compromise with some minor changes was reached, which the governor approved of, which was sent back for a vote. The new version was approved 14–10 by the Senate and 198–176 by the House, on June 3, and was signed by the Governor shortly thereafter. Lynch is the second governor in the United States, the first being John Baldacci of Maine, to sign a bill allowing same-sex marriage.

New Hampshire law also recognizes foreign and out-of-state same-sex marriages.