YAY!!!!!!!

Not bad, NH. But I don't get this:

he would sign the state’s same-sex marriage bill if it was amended to further protect opponents of such unions from having to take part in ceremonies celebrating them.

Seriously, I'm not aware of anyone who has ever been legally obligated or forced in any way to attend a wedding or in any other way celebrate a marriage they didn't approve of. Who exactly is this amendment protecting?

I think it's protecting pastors or priests think they would be forced to perform ceremonies they disagreed with? Or maybe like, church deacons? I don't really know. It seems like such an odd thing because it doesn't even protect civil clerks like I thought it would.

exempting any “religious organization, association, or society,” as well as individuals or nonprofit groups working with or for such an organization, from having to participate.

*dances in the streets*

WHOOOOOO!

I just got the first wedding announcement/invitation from local friends: this couple, previously married in Vermont, will renew their vows here in Maine now that it's legal (finally!). And I'm all "WHOOOOOO! ONCE AGAIN, I WILL DANCE AT YOUR WEDDING AND BUY YOU A TOASTER!"

I expect this to be a very celebratory summer, fall, and winter. Lots of weddings!

Speaking as an attorney, I suspect that tortured phrase is to protect the statute from an Establishment Clause challenge (the merits of which I am not qualified to discuss, but don't believe this really addresses) on the basis, of say, a Catholic priest being forced to sanctify a same-sex wedding in violation of his ordination. Statutes often have weird, convoluted, inexplicable and useless language inserted to head off possible legal challenges.

This is great news. I was worried it wouldn't go through. We need to have a party. A party with pretty dresses, very high heeled shoes and really big hair that lights up. I better go shave.

PS: Now I really need to get my JP!

I can't tell you how happy it makes me that "state legalizes gay marriage" is starting to feel like a repetitive headline.

It's easy to nitpick, but there's no question that it's basically a HUGE victory for marriage equality rights in NH. There were expectations as late as this morning that the governor would veto the bill. He's a socially conservative Irish Catholic and is personally against same-sex marriage.

So for him (like Baldacci before him, who threw down an awesome gauntlet), he had to refer to the basic American principles of individual liberty and equal rights under the law to make this work for him. As some of you have noted, he wants to protect religious institutions who bar gay marriage from having to perform unions they disagree with. So, from now on, anyone getting a marriage license in NH, same-sex or "opposite," gets the same thing: a civil marriage license. If you then want to also get a church marriage, you are free to do so, but it confers no legal rights. It's not a bad situation - it's basically the equal "civil union" solution many have proposed, but embraces the language of "marriage," which I have come to see as the singularly important issue.

....now, let's all gang up on Rhode Island, the last New England state not to offer equal marriage rights.

Dogs and cats, living together!

Criminey, I wish I wasn't being offered the choice of either staying in my hometown, or being treated like a full-fledged American. I should be able to do both.

:)

But Rhode Island thinks Providence is its contribution.

/rimshot

But for reals, there are actual hearings.

Beyond protecting religious officials, it'd presumably also allow state-designated marriage officiants (justices of the peace, etc.) to opt out of same-sex ceremonies if they so chose. Here in Alberta there were all sorts of J.P.'s who said they'd refuse to perform marriages for gay couples, but nothing particularly seemed to come of it.

Congratulations, NH (and New Hampshatorians).

it'd presumably also allow state-designated marriage officiants (justices of the peace, etc.) to opt out of same-sex ceremonies if they so chose

I'm not a lawyer, but I don't see how a JoP or a county clerk would be considered part of a "'religious organization, association, or society,' as well as individuals or nonprofit groups working with or for such an organization"

Serious question: would a JoP or county clerk or other secular officiant who objected to interracial marriages be exempted from performing one? It seems unlikely, and it also seems like a reasonable parallel.

A bigot's objections may make him/her unsuitable for a particular job in public service; bigotry should not give the bigot license to perform the public service inconsistently.

I'm not a JP yet, but am working on it so I feel a little qualified to answer Elsa's question.

In the state of NH, A JP is not required, by law, to officiate at any wedding ceremony or civil union. In fact, a JP in NH is only compelled by law to adhere to certain procedures if, and only if, she agrees to preform any of her authorized duties. A NH county clerk or other person in secular office, however, is required to follow the new state law.

In fact, a JP in NH is only compelled by law to adhere to certain procedures if, and only if, she agrees to preform any of her authorized duties.

Thanks, MonkeyButter! So, if I understand you correctly:
- a NH Justice of the Peace is a private person offering a public service, who can turn down any commission for no reason, but once s/he contracts to perform a given service, s/he is bound to adhere to current procedures and laws;
- a person employed by the state or municipality (a county clerk or other government employee) is a public employee, and has no right to refuse to [authorize/certify/register] a marriage based on race or gender.

Is that about right?

"'religious organization, association, or society,' as well as individuals or nonprofit groups working with or for such an organization"

Ah. Ignore my bit above (stupid lousy reading comprehension).

Good work, New Hampshire (my home state)! (Now the big move to California seems a bit funny ...)

Elsa:
Check, and
Check!