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« Former State Senator Rick Trombly's Letter About House Bill 436 | Main | Marshall Cobleigh: Darn, I Wish I Had Lingered A While Longer »
Thursday
19Mar2009

Marriage Equality Is About The Way We Treat One Another As Americans

House Bill 436, which would provide full marriage equality, with the word, for our gay and lesbian friends, family members, coworkers, and neighbors, took a step toward approval by surviving on a tie vote during a meeting of the House Judiciary Committee this week.

The bill earned a 10-10 tie vote in the Committee, which means that it will go to the House floor next week "without recommendation." In other words, it stands a chance of passage.  I'm sponsoring HB 436 with Reps. Paul McEachern of Portsmouth, Barbara Richardson of Richmond , and Ed Butler of Harts Location.

I know a lot of people don't quite understand why "marriage" is so important for our tens of thousands gay and lesbian residents. I think it's about being treated equally under the law, and being respected as equals under our laws.

Our gay and lesbian citizens have been Americans since this became a country. They fought in its wars. The built businesses. They've been loyal to our nation. Yet, because they are gay, they haven't had fundamental rights until recently. It wasn't until 1997 that here in New Hampshire we passed legislation protecting gays and lesbians in areas of employment, services, and housing. Even today, only 22 states have such protective laws. In most of this country, one can still be fired just for being gay.

Nothing is more important than the way we treat one another. One's sexual identity should not be cause for discrimination, but it is.  If two people of the same gender fall in love and want to share that love and their caring for one another, they can in New Hampshire get a "Civil Union."  I'm happy to have successfully worked to pass our Civil Union Law in 2007. 

I sponsored that bill with the late State Representative Dana Hilliard of Somersworth.  It wasn't an easy task, but with the work of hundreds and thousands of others, we succeeded in giving the rights under our state laws which are otherwise given to differently-gendered couples as "marriage" to our gay and lesbian residents as "Civil Unions."  Currently there are 646 Civil Unions in New Hampshire, all celebrated since the law became effective on January 1, 2008.

But are Civil Unions equal?  Of course not.  Which heterosexual couple in our state would trade their "marriage" for a "Civil Union?"  Companies and corporations can continue to discriminate against gays and lesbians who have Civil Unions if, in their contract, they give equality only to a "married spouse." And no federal equality is given to gays and lesbians with Civil Unions.   Civil Unions are separate and unequal. 

In New Hampshire, our marriages are civil.  A man and a woman go to city or town hall, pay $40.00, and get a license.  The couple fills out a form, and then they may be legally married.  IF they wish, they can go through the marriage process by the procedure that their Church has set up for marriages, and then their marriage can be recognized by their personal religion.  I would always defend the right of Churches and religions to continue to be able to make their own procedures, and to allow only ceremonies on their private property which they wish.

House Bill 436 doesn't affect religious marriages at all, not one bit.  It just allows a man and a man, or a woman and a woman, to be able to go to their town or city hall and get a marriage license.

America is strong because Americans have long fought for freedom. But freedom also means the right for equal treatment under our laws.  If we're to become even a stronger nation in an unpredictable world in the decades to come -- in a Century that has unforeseen dangers and threats in years to come -- we have to find ways to treat ALL Americans fairly and equally. Marriage equality is an important step toward that goal.

A civilization is known by the way it treats its people, and equality is something that cannot forever be denied.

Reader Comments (17)

Best of luck Jim. I have no predictions but I hope after all this is over we can will be free to have a debate on spirituality and the religious nature of marriage without the state standing over your shoulder with a billy club.
God bless.
March 19, 2009 | Unregistered CommenterDave Jarvis
Late State Representative Dana Hilliard? He died?
March 19, 2009 | Unregistered CommenterScoonie
"I would always defend the right of Churches and religions to continue to be able to make their own procedures, and to allow only ceremonies on their private property which they wish."

Jim, I'm glad you made a point of stating this as it is the key concern I have. Personally I could care less what two consenting adults view themselves as. If you and another man would like to call yourself a married couple, fine by me. But if you file a lawsuit against my church because they refuse to perform a same sex marriage, well now you've created a problem that I cannot support you in.

There is also the question of abuse, perhaps two business partners in legal trouble getting "married" to be able to use spouse privileges in being able to avoid being forced to testify against one another. But I think that's a debate in and of itself and I don't see that as reason to bar those who do not abuse the system. We've already got far too many laws that are created as the result of a few that take freedoms away from many others who actually are responsible (ironically many that you yourself have supported).
March 19, 2009 | Registered CommenterRichard Barnes
Gosh, Scoonie -- thanks for pointing that out. I used "late" rather than "former" in describing Dana Hilliard. He is alive and well in Somersworth. My apologies -- I hope he doesn't hear about his demise!

Richard, you make good points -- those two business partners playing games with the system by "getting married" could, of course, be a man and a woman. And since Churches are private property, and since religious groups can determine their own standards for membership and acceptance, there cannot be a successful law suit to insist a Church recognize a same-gendered marriage or allow one to be held on its property. Besides, this law specifically restates religious independence, in case that's not clear enough by the Constitution.
March 19, 2009 | Unregistered CommenterJim Splaine
I think the Nov 87 quote from Guide magazine on "The Overhauling Of Straight America" below states in their own words the true reason behind Jim's efforts to change our laws.

'The homosexual agenda includes desensitizing the public: "The first order of business is desensitization of the American public concerning gays and gay rights.....To desensitize the public is to help it view homosexuality with indifference instead of with keen emotion. Ideally, we would have straights register differences in sexual preferences the way they register different tastes for ice cream or sports games....At least in the beginning, we are seeking public desensitization and nothing more. We do not need and cannot expect a full 'appreciation' or 'understanding' of homosexuality from the average American. You can forget about trying to persuade the masses that homosexuality is a good thing. But if only you can get them to think that it is just another thing...then your battle for legal and social rights is virtually won"'

You might want to go to http://www.freerepublic.com/focus/f-news/1502263/posts to look at some stats on homosexuals as you translate Jim's real goals.
March 20, 2009 | Unregistered Commenterdave
You're a funny guy Dave. I didn't read that piece before, and don't care to now. My work for marriage equality isn't about any agenda -- it's about you and me. I just want the same opportunities and rights, and obligations and responsibilities as you have. I just want to be equal. I'm a true and through American, born here in New Hampshire, I've tried to do good things, I've tried to help people, and I've tried to be a good person. So, I just seek equality under our laws. Nothing more, nothing less.

So I ask you, Dave -- what is it about me that makes you want to discriminate? What's YOUR agenda, Dave?
March 20, 2009 | Unregistered CommenterJim Splaine
Dave,

Jim is right. Your agenda is spilling out your eyeballs.
March 21, 2009 | Unregistered CommenterDave Jarvis
Jim,

I have no agenda. Only the truth. If that bothers you or your friends, then you need to think more about your life choices. You seem to believe that feelings equal fact. They don't.
March 22, 2009 | Unregistered Commenterdave
Dave,

So what's the truth? Civil marriage between heterosexuals is sacred? Is that the truth?
March 23, 2009 | Unregistered CommenterDave Jarvis
Jim, first solve the half a billion deficit that you, Lynch and the other Dems created with the last budget, and then worry about social issues. Stop using this as a distraction.

"While Rome burns."
March 23, 2009 | Unregistered CommenterArthur
So Arthur, just what are YOU doing to help solve that deficit? And whose agenda do you have in saying it's a deficit that I and John Lynch and other Democrats have creaetd with the last budget? -- especially since most of the projected deficit is because of revenue shortfalls from the national economy of Bush/Cheney of 8 years.

And Arthur, don't we have time to talk about issues of discrimination while at the same time we work on the deficit, or should we have the tunnelvision to do only one thing at a time?

You should run for the Legislature, Arthur, so you can do some of the heavy lifting. Maybe I'll vote for you.
March 23, 2009 | Unregistered CommenterJim Splaine
Jim... Upi have proven you can't be trusted on any legislation. If I remember right you and your friends increased spending by 17% and passed an education funding bill without identifying the revenue. Now you want to increase cost to all of us by changes to social laws that IF YOU WOULD LET THE PEOPLE VOTE would be rejected by 75%. And don't use the tired smokescreen of comparing homosexuality to race. I know individuals who left the homosexual lifestyle. I have never met a former black person.
March 23, 2009 | Unregistered Commenterdave
Kudos to you Jim and the others sponsoring House Bill 436. Thank You. I am a 48 year old lesbian with roots in NH several times over. My founding families go back to Colonial America and NH Native Americans. We fought in all of America's wars, began the American Revolution before the battle of Concord and Lexington out of Exeter, NH. Grandfathers serving in the 1St and 11TH NH Infantry of the Civil War. One lost his life for Liberty, your liberty and mine. Grandfathers and nephews serving in all wars up till the Gulf war. My NH family pedigree includes President Franklin Pierce, Daniel Webster, Mary Baker Eddy, Robert Frost and more. I left NH 24 years ago when I met my wife. My outing was painful in NH. I sold a 50 year old family home and tourism business to move to a place that accepted my wife and I. I have felt like a wandering nomad not living in my beloved home state of NH. I want to come home and live out my years in NH. My wife and I want to be buried in the family plot in NH. I am a follower of Jesus'. I love the Lord and believe God wants marriage and equality for GLBT persons too. I am not interested in making any church marry me. That's silly. I have my own church who will be honored to marry us. Has this happened in MA to churches? Has the sky fallen?
Let's Live Free or Die! Prayers for justice tomorrow.
March 25, 2009 | Unregistered CommenterA NH American Daughter
"Marriage Equality Is About How We Treat Each Other As Americans."

No, it's not.
As a straight person, I believe the term "marriage" should be defined as follows:

One man, one woman, nothing else.

I have no problems with civil unions, but apparently this is not good enough in some people's eyes. What I do have a problem with is being labeled homophobic, or a bigot because my views on this subject do not agree with individuals such as Mr. Splaine.

The last time I checked, our Constitution still guaranteed the right of free speech, but I could not find any requirement in it that stated we have to justify our beliefs to those who don't share them.
April 23, 2009 | Unregistered CommenterTom Humphreys
T. Humphreys,

Indeed, you do have the right to your speech. And that's true even if your speech is wrong. But all indications are that your speech may not be protected for long. Gay rights activists around the world want to demonize and criminalize such speech; to oppose gay marriage will be, in the ideal "gay-is-equal-to-straight" utopia, an act of moral and intellectual, even social, violence.

These folks are not interested in just getting "equal rights." They want to redefine, impose and control. It is THEIR values that count. It is THEIR values that MUST be imposed. It's only "fair." To hell with your values, or your pursuit of happiness. Theirs is all that matters: THEY will tell you what a marriage is and what marriage means. They will tell you about the history of marriage. They will tell you how you must talk about marriage to your children. They will tell you how you must speak about your neighbor and his male "wife." They will tell you what a "family" is. They will tell you how you must speak about gender and gender roles. They will tell you where to go with your moral "slippery slope." They will tell you there are no absolutes, that "things change" (and then they'll impose a new absolute -- that opposing homosexual marriage has been and always will be morally wrong.) They will tell you what "science says" or what "rational people" think; they'll tell you about "open mindedness" and "justice."

"Marriage equality is about the way we treat each other as Americans." No, it isn't.
A NH American Daughter (yeah, right),

You ask: Has the sky fallen?

Answer: Yes, it has. It has fallen in the form of the destruction of rational thought. You think gay marriage is rational. But there is nothing rational about gay marriage. The fallen sky is your inability to see the unreasonableness of your position and that you want to impose your irrationality on those who actually like the clarity reason always gives. Those of us who oppose gay marriage do so strictly because we are trying to save the human mind from intellectual anarchy.

To support gay marriage, no matter how unwittingly, is to support the demise of the human mind.

That, I am afraid to say, is what we mean when we say the "sky is falling." Gay marriage is not progress. It's really a regression. Sorry.

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