Surprise! NH House Rejects Marriage Bill

There's a bit of backstory here, but the short version is that the New Hampshire legislature passed a marriage law last week which would allow gay marriages, but the Governor vetoed it because it did not contain strong enough religious conscience exceptions. He sent the law back with a suggested exception broader than the one they already had.

It was widely expected to pass and be signed into law by the end of the week. However, the New Hampshire House just rejected the new version of the law. This version was blocked by mostly party-line vote 188-186.

State Representative Steve Vaillancourt, a gay Republican from Manchester, was a leading voice against the amendment securing religious liberties, saying that the House should not be "bullied" by the governor.
Vaillancourt said an earlier bill that did not provide protections to clerics or religious groups was the one that should have been passed, adding that the amended bill would allow discrimination to be written into state law.

Vaillancourt relies on the latest talking point of radical gay marriage supporters: that providing targetted exemptions for religious conscious exemptions codifies discrimination. Let's be clear, though. The Constitution does not prohibit most kinds of discrimination where government imposition would interfere with the freedom of religion. The First Amendment prohibits that type of government action. Vaillancourt may wish otherwise, but no religious institution can be forced to perform or solemnize a gay marriage (or really any marriage) that would violate their religious beliefs.

The bill now goes to committee.

Posted by: Gabriel Malor at 05:52 PM

Comments

1 "The First Amendment prohibits that type of government action. Vaillancourt may wish otherwise, but no religious institution can be forced to perform or solemnize a gay marriage (or really any marriage) that would violate their religious beliefs."

Really? Despite all the penumbras of emanations in the constitution?

But it is legal to force eHarmony to have a gay site, to sue a fertility doctor who refuses to impregnate you or your lesbian partner, a photographer who refuses to photograph your gay wedding or a relationship counselor who refers you to another conselor because they don't support gay marriage?

The very fact that gay rights advocates have a problem with a law that reinforces what you claim is already a constitutional guarantee shows how flimsy that 'promise' is and what the ultimate agenda of the more vocal gay rights advocates is.

Posted by: Bald Ninja at May 20, 2009 05:59 PM (4pdbX)

2 Vallaincourt's an oddball. He's a "fiscally conservative, socially libertarian" type. At one point in the '90s, IIRC, he was a Democrat.

Posted by: Robert_Paulson at May 20, 2009 06:02 PM (zjgCD)

3 Speaking as a resident, I'm pretty shocked at this sudden turn of events--guess the gay lobby (and, more specifically, the mutants at the inaptly named Human Rights Campaign) better get their checkbooks back out and add to the $150k or so they already spent trying to buy 'yes' votes on this. (Only, this time, they'll have to, err, grease some (R)s in the process if they want to get over this, um, hump.)

Posted by: ECM at May 20, 2009 06:08 PM (q3V+C)

4 Maybe that peter-puffer Vaillancourt should take a course in Constitutional law before he opens his pretty mouth.

Posted by: GarandFan at May 20, 2009 06:24 PM (C3okI)

5 So, who voted yes and who voted no? And are the 188 the No? Don't you normally report the Yes votes first, even when it loses?

Posted by: Greg Q at May 20, 2009 06:42 PM (87k2j)

6 This result is pretty strong evidence that for a lot of people gay marriage is just part of a larger scheme to destroy Christianity.

Posted by: Nate at May 20, 2009 07:52 PM (y7kWg)

7 Not that I think it's really possible to destroy Christianity, mind you; still, its "official" message can be diluted and its influence in general society can be eroded.

Posted by: Nate at May 20, 2009 07:58 PM (y7kWg)

8 I do not support same sex marriage, but i am having a hard time supporting goverment sanctioning marriage between a man and a woman and being able to deny this to same sex couples. I favor the government getting out of the marriage business. I am not really sure why they are there.

Is it just for the sake of raising children?

To me, time is on the same sex marriage side of the debate.

The religious exception seems like a perfectly reasonable democratic compromise. Why does HRC oppose this?

Posted by: wtf capital investments at May 20, 2009 08:15 PM (XYBSD)

_{Vaillancourt said an earlier bill that did not provide protections to
clerics or religious groups was the one that should have been passed,
adding that the amended bill would allow discrimination to be written
into state law.}

Apparently punishign people for their religious beliefs is more important than so-called marriage equality.

_{Vallaincourt's an oddball. He's a "fiscally conservative, socially
libertarian" type. At one point in the '90s, IIRC, he was a Democrat.}

And not big on freedom, apparently.

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16 wtf capital investments at May 20, 2009 08:15 PM (XYBSD) -

Is it just for the sake of raising children?

Nope.

It's simply a "money grab".

After all, you don't have to have any children to receive the 1100+ "privileges" granted to married people.

I'm a never married 44 yr old hetero-male- no children.

My paternal grandfather died at 54(stroke-diabetes/kidney failure). My maternal grandfather died at 53(heart attack). My father died at 41(pancreatic cancer).

I would love to have a "widow" who could collect on the money I've paid into Socialist InSecurity when I die at 57 (approx. - I am a pack/day smoker who loves the Val-U-Rite).

If I was married to someone who never worked a day in his/her life, he/she would be entitled to 1/2 of my Socialist InSecurity benefit. Yet, every dollar I've paid for the last 29 years is just going to somebody else...

I would love to be able to transfer my property to a "partner" without going through "probate".

What is the "marriage exemption" on the "death tax" worth these days?

I would love to add my current sex partner to my employer paid health plan and thus receive an (untaxed) $8-$10K rise in my income.

I would love to receive a lower tax rate on my "household income".

I would love to not have to pay a lawyer to establish a medical "Power of Attorney". (BTW, can anyone find a story in the last 10 years where even one hospital has denied 'visiting rights' to a gay partner?)

<i> (etc. ad nauseum)</i>

Posted by: fletch at May 20, 2009 10:50 PM (LOdua)

17 The government is not in the 'marriage business', and it isn't about money. Marriage- from the point of view of the government (and thereby the people as a whole, as opposed to individually- then it's about love, and I usually find myself explaining this to the 'the government should let me love who I like' types) is strictly about maintaining society. The nuclear family has proven, over the millenia, to be the most effective means of generating the next generation, and sustaining a culture through procreation. Therefore, the government has not only an interest, but a responsibility to encourage and maintain marriage primarily as a tool for breeding and raising children. This, in turn, means that gay relationships, are useless to this end, and as such, shouldn't be particularly encouraged or cultivated. Sure, go pole smoke if you like, I don't care; have a marriage ceremony if you like, call your partner your wife/husband, whatever, but just don't ask for government sanction of your relationship- that's not what it's about. It's not about who you love, or even who I love, from the point of view of government. Also, the fact that some married couples won't have children is irrelevant, the possibility is there, and the vast, vast majority in fact do produce children, and so are seen as a value to society in the big picture. Of course, one proof that it isn't about money is that is many states you can do a civil union and take care of most of that, or even without that convenince, you could grant each other power of attorney, and cover most of the bases of what marriage gets you, as a couple.

Bottom line is that it isn't about love, relationships, civil rights, or money- it's about the continuity of society, and gay relationships are irrelevant to that.

Posted by: douglas at May 21, 2009 02:40 AM (20QoQ)

18 The religious exception seems like a perfectly reasonable democratic compromise. Why does HRC oppose this?

Because how else would the more vocal activists be able to ultimately shut down churches and/or prosecute clergy/religious organizations for discrimination? That's the ultimate goal here - not "equality" under the law.

But the systematic, intentional, and targeted desire to strip the First Amendment of any genuine meaning.

Then when people ask me why I so vocally oppose gay "marriage", this is why. Because gay "marriage" will most certainly take away my right to free exercise of religion.

Posted by: Amy P. at May 21, 2009 09:34 AM (511YP)

19 Oh, you said "solemnize." I read that wrong the first time through.

Posted by: arminius at May 21, 2009 09:38 AM (CX71c)

20 The religious exception seems like a perfectly reasonable democratic compromise. Why does HRC oppose this?

Posted by: wtf capital investments at May 20, 2009 08:15 PM (XYBSD)

They are against any exemptions because it they establish legal arguments. Why should priests get and exemption and not the general public? You can have exemptions if your goal is to force universal acceptance. The insane idea of these exemptions is that they are even needed. Not only priests do religion and churches are not merely buildings or a group of buildings. Ordinary people have the right to practice their religion and they are part of the church. For the state to say someone's religious rights can be curtailed if they dangerous is fine. Performing an abortion? Dispensing a pill? Acknowledging a same-sex union as marriage? These are all elective decisions. A person's right to the freedom to practice their religion should not be trumped by what someone else freely chooses to do.

Posted by: Rocks at May 21, 2009 09:45 AM (Q1lie)

21 They are against any exemptions because it will establish legal arguments. Why should priests get an exemption and not the general public? You can't have exemptions if your goal is to force universal acceptance. The insane idea of these exemptions is that they are even needed. Not only priests do religion and churches are not merely buildings or a group of buildings. Ordinary people have the right to practice their religion and they are part of the church. For the state to say someone's religious rights can be curtailed if they dangerous is fine. Performing an abortion? Dispensing a pill? Acknowledging a same-sex union as marriage? These are all elective decisions. A person's right to the freedom to practice their religion should not be trumped by what someone else freely chooses to do.

Posted by: Rocks at May 21, 2009 09:47 AM (Q1lie)

22 Yeah. Insisting on religious freedom is bullying. Up is down. Black is white. Good is evil.

Posted by: Christopher Taylor at May 21, 2009 01:11 PM (PQY7w)

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