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Gays split on spousal unions bill
Three different measures considered
Published Thursday, 15-Mar-2007 in issue 1003
CONCORD, N.H. (AP) – With neighbors to the north, south, and west already providing legal unions to same-sex couples, New Hampshire lawmakers for the first time on Monday took up three proposals to grant legal status to same-sex couples.
Reps. James Splaine of Portsmouth and Dana Hilliard, of Somersworth, both Democrats, presented the House Judiciary Committee with their plan for “spousal unions,” describing it as marriage by a different name, with provisions for recognizing, documenting and dissolving the relationships. If passed, spousal unions would be available on Jan. 1, 2008.
Splaine, who is openly gay, said while his eventual goal is securing equal marriage rights, spousal unions are a compromise he believes could pass the Legislature this year, in a session when several bills expanding rights for same-sex couples have been proposed.
He also presented the committee with an amendment, giving gays full marriage rights, as an alternative to the spousal unions bill.
“I don’t hold back that my agenda for gay equality is full marriage rights, with the term ‘marriage,’” he said. “I’m not sure you’re ready as a committee to support that.”
The 26-year veteran of the Legislature said he hoped the measure would become part of his legacy.
“If there’s one thing that I can leave behind on this earth it will be to find a way to encourage people, little by little, step by step to treat one another well,” he said.
“I haven’t found my loved one yet, but if I do, when I do, I want to have the same opportunity to have that same kind of wedding that those of you who are straight have had.”
But gay rights activists split on the spousal unions bill, with some saying anything short of marriage is unacceptable.
Rep. Maureen Baxley, D-Andover, a Judiciary Committee member and executive director of New Hampshire Freedom to Marry, repeatedly questioned whether separate but equal is sufficient. She has sponsored a competing same-sex marriage bill.
“There was a time in this nation when we had separate water fountains for different types of people” she said, “Do you not think that was harmful?”
Hilliard said he welcomed amendments changing spousal unions into marriage, or adopting European-style civil unions for gays and heterosexuals, leaving marriage to religious authorities.
“Let’s not get hung up on a word. Our purpose here is to ensure that citizens who are being denied their constitutional rights as citizens of this state … will no longer be denied it,” he said.
Former state Rep. Raymond Buckley, an openly gay Democrat, argued for the compromise.
“You may hear from some that say this bill does not go far enough. That argument indeed has merit,” he said.
“I don’t agree with those who say we should kill the good while waiting for the perfect.”
The committee listened to more than five hours of testimony on the marriage bills. One hour set aside for an earlier bill – to repeal a 2004 out-of-state marriage ban passed in response to Massachusetts’ introduction of same-sex marriage - stretched to nearly three hours.
Witnesses mostly opposed the repeal. Many said they didn’t want any action on same-sex marriage proposals until a proposed constitutional ban is voted on. They expressed similar fears - for the well-being of children, of becoming a second Massachusetts, and of homosexuality in general.
“It’s following me up to New Hampshire,” said Nancy Breen of Hampton, who said she left Massachusetts in search of a more conservative environment.
“I’m a family values person. I want my children to grow up with a father and a mother.”
Repeal supporters said recognizing out-of-state marriages would allow hospital visits for same-sex partners and other benefits in emergencies.
“Put yourself in the shoes of a gay or lesbian couple, who have a legal union in their home state,” said Rep. Ed Butler, D-Hart’s Location. “When they travel across the New Hampshire state line - poof - there goes their marriage or civil union. ... Think of the consequences if you should need to function in some legal capacity for your spouse or children. Divorce at the border needs to go.”
Both sides invoked religion.
Nancy Mari of Londonderry warned of large-scale destruction if New Hampshire accepted same-sex marriage and people “in the homosexual trap.”
“If we continue in this way then God’s judgment is coming,” she said. “Sin is like nuclear waste ... We’re all contaminated in it.”
Rep. Robert Theberge, D-Berlin, the bill’s co-sponsor, suggested a more accepting God.
“I think it’s a Christian thing to do,” he said of the repeal.
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