New Hampshire legislator files two bills that would repeal marriage equality

[Ian David]

(This post was originally published at GLAAD Blog)

Since marriage equality became state law on January 1, 2010, more than 1,000 New Hampshire gay and lesbian couples have legally committed to take care of and be responsible for each other. Rep. David Bates (R-Windham) would prefer that number not increase, having recently filed two bills that would repeal marriage equality and return state law to what it was four years ago.

There is a caveat to Bates’ proposed legislation: marriages for gay and lesbian couples performed during the past year would remain legal.

Bates says he’s confident the bill will pass in both the House and the Senate.

“I think the real challenge will be if the governor chooses to veto this,” said Bates.

Mo Baxley, the executive director of the New Hampshire Freedom to Marry Coalition, says there’s no question as to whether Democratic Gov. John Lynch would support a repeal of the marriage equality bill.

“It seems foolhardy to pursue this when they know they can’t win,” said Baxley. “The governor has already publicly stated he will veto the bill, and I don’t believe they’ll be able to round up the votes to override a veto.”

More:
http://sdgln.com/causes/2011/01/10/new-hampshire-legislator-files-two-bills-would-repeal-marriage-equality?utm_source=Empowering+Spirits+Foundation&utm_medium=ESF&utm_campaign=ESF+Tweet&utm_term=Empowering+Spirits+Foundation

[KingOfLostSouls]

1. you ever notice

republicans always seem intent on taking rights AWAY from people?

[RetiredTrotskyite]

10. It's What They Seem To Do Best...

sadly. Hope it doesn't pass, or if it does, the governor will veto it. What is this fundie penchant for taking right away? Wish we could take some of their away, just to let them see how it feels.

[Drale]

2. So is gay marriage going to be like a the Mc Rib?

Get it while it lasts, because it won't be around till the democrats get back into office. Is it going to be a revolving door, when democrats are in power theres gay marriage and when repukes steal elections its evil and gone?

[beyurslf]

3. Until the SCOTUS settles it....

[Unvanguard]

8. NH is something of a special case.

For one, it is less Democratic than most other places with same-sex marriage. For another, the way its districts are set up produced a very large seat shift in the recent election: the Democrats went from being a majority in both chambers to having fewer seats than are needed to uphold a veto in both chambers. That kind of change is highly atypical, and without it repeal would not even be a remote possibility, because Gov. Lynch won re-election.

The only other state where same-sex marriage is under serious threat is Iowa, where it is also by far least popular (of the states that have it); it is safe in Connecticut, Massachusetts, Vermont, and almost certainly DC. Maryland and Rhode Island both have strong chances of being added to that list shortly, and since both of those states have long-standing Democratic legislative majorities, once same-sex marriage passes there it won't be repealed (though in Maryland it might have to pass a referendum before going into effect.) If same-sex marriage is reversed in NH, it will be an anomaly, not a trend.

[ruggerson]

4. This would create a huge constitutional problem for them

You would have three classes of citizens.

1) Straight people who can marry.

2) Gay people who have married since it became legal.

3) Gay people who aren't married and who now would be unable to.

Much like Prop 8, I don't know how anyone reconciles any of this with the 14th amendment.

Besides, as the article notes, this ain't gonna happen.

[laconicsax]

5. To reconcile it with the 14th amendment, you have to use right-wing logic.

It's the same logic where government shouldn't regulate interstate commerce but must regulate what consenting adults do in the bedroom.

The same logic where supporting the death penalty is "pro-life."

The same logic where gay couples wanting to wed and/or adopt children is "anti-family."

The same logic where the 14th amendment makes an ERA redundant, while denying that the 14th amendment extends to women.

The same logic where freedom of religion means oppressing minority religious groups.

The list goes on.

[Unvanguard]

6. I don't see why grandfathering in married couples is a constitutional problem.

That argument of Olson/Boies was never convincing. There are strong reliance interests in not disturbing marriages that already exist, and arguably it would be a due process violation to forcibly dissolve them.

I think a same-sex marriage ban in NH, if successful, will be in essentially the same legal situation as same-sex marriage bans in other places with strong civil unions laws.

[Unvanguard]

7. I don't think they will get a veto-proof majority. Same-sex marriage has majority support in NH.

They don't want to make too big a deal out of it, and there will be some moderate Republicans--and some vulnerable Republicans--who will ultimately balk at the prospect of a repeal.

[moose65]

9. Makes me ill

I love NH, and have spent quite a bit of time there, but politically the state seems very fickle. I guess you could say it is the ultimate swing state, and I think Independents outnumber both Dems and Reps. The Dems swept the legislature in 2006, and the Reps did this year. What seems cruel though is this on-again, off-again dynamic: Dems in power, same sex marriage legal. Reps in power, same sex marriage not legal. Back and forth. It makes absolutely no sense!