Senate weighs in on controversial bills

New Hampshire is close to becoming the fifth state in the nation to legalize same-sex marriages. In a historic 13-11 vote, the N.H. Senate approved an amended version of House Bill 436 on April 29. Assuming the House agrees to the amendments, the bill will head to the governor’s desk soon.

The amended version of the bill draws a distinction between civil and religious marriages and clarifies that religious denominations have the right to decide whether or not they will conduct same-sex marriages. The amendments were seen as an attempt to pacify people who oppose gay marriage on religious grounds.

The House already approved the bill, which was sponsored by Rep. Jim Splaine (D-Portsmouth), by a vote of 186-179 in March. The House must now approve the amended bill before it hits the desk of Gov. John Lynch. Although Lynch has repeatedly expressed his opposition to gay marriage, he has never explicitly said he would veto the bill. A statement released by his office leaves that question unanswered.

“I still believe the fundamental issue is about providing the same rights and protections to same-sex couples as are available to heterosexual couples. This was accomplished through the passage of the civil unions law two years ago,” Lynch said. “To achieve further real progress, the federal government would need to take action to recognize New Hampshire civil unions.”
Lynch could also let the bill become law without a signature—a possibility that Republicans hope to squelch.

“I certainly cannot believe the rumors that he is going to allow it become law without his signature because that, of course, would make it clear to the voters of New Hampshire that there is no capacity for leadership or accountability in the Governor’s office today,” said state Republican chair John H. Sununu.

A survey released last week indicates that most New Hampshire citizens support gay marriage. The poll, conducted by the UNH Survey Center in April and released by New Hampshire Freedom to Marry, found that 55 percent of voters support marriage rights for gay and lesbian couples, while 39 percent are opposed.

If passed, the law would take effect in January 2010, and current civil unions would convert to marriages in January 2011. 
Another controversial bill approved by the Senate on April 30 would permit the use of marijuana for medicinal purposes if prescribed by a physician. HB 648 passed by a 14-10 vote and now heads back to the House for approval of some minor amendments.
The bill permits certain patients to possess up to six marijuana plants or two ounces of usable marijuana. Patients could also possess up to six seedlings and could cultivate marijuana on their property.

A statement from Gov. Lynch’s office indicates that he is open to the idea of patients alleviating pain with marijuana but has “serious reservations” about the bill.

The N.H. Legislature killed two other contentious bills on April 29. The House voted down CACR 9, which would have extended the governor’s term from two years to four. The Senate voted down HB 415, which would have made it illegal to discriminate against people based on gender identity and expression.

The Senate tabled two other controversial bills on April 29, including HB 383, which would have required motor vehicle operators and passengers to wear seat belts, and HB 556, which would have repealed the death penalty.