To provide some historical context, according to GLBTQ Legal Advocates & Defenders (GLAD), on June 3, 2009, Governor Lynch signed a marriage equality bill (House Bill 436, An Act Relative to Civil Marriage and Civil Unions). This bill extended the right to marry to same-sex couples.
The bill became effective on January 1, 2010, simultaneously ending the availability of New Hampshire civil unions on the same date. On January 1, 2011, all existing New Hampshire civil unions were transformed into marriages.
Four years later, in Obergefell v. Hodges, the U.S. Supreme Court made marriage equality a reality nationwide when it ruled that the U.S. Constitution guarantees same-sex couples the right to marry. GLAD’s own Mary Bonauto represented the plaintiffs during oral arguments. Post-Obergefell, all 50 states are mandated to issue marriage licenses to same-sex couples, and all states must respect the marriages of same-sex couples performed in other jurisdictions.
Moreover, New Hampshire’s story is unique when it comes to marriage. This state was the fifth to legalize marriages for same-sex couples, and it did so through the legislative process – not through the courts. But there were challenges along the way that are not remembered today.
For instance, in the wake of the 2004 court decision that legalized same-sex marriage in Massachusetts, New Hampshire lawmakers set up a commission to study the issue. But there were wide divisions among its members. After holding a series of public meetings and obtaining testimony from hundreds of citizens, a majority of the commissioners quickly voted to recommend a constitutional amendment defining marriage as between a man and a woman.
However, New Hampshire won the battle through the legislative process for equality in marriage as stated above.
What Happens if We Need to End Our Marriage?
After Obergefell v. Hodges, same-sex spouses everywhere should be able to dissolve their marriages on the same terms as different-sex spouses. New Hampshire explicitly applies its divorce statutes to same-sex couples.
But, spouses should note that when New Hampshire courts divide marital property and award alimony, one of the factors a judge considers is the length of the marriage. Unfortunately for spouses whose partnership pre-dates marriage equality, the length of the marriage may not accurately reflect the true length of the relationship, resulting in an unbalanced division of assets.
A recent New Hampshire Supreme Court case, in the Matter of Munson & Beal, addressed this issue and ruled that a judge may consider premarital cohabitation when dividing marital property. GLAD submitted an amicus brief in the case, Munson Amicus Brief.
If you are going through divorce proceedings in New Hampshire and believe your division of assets may be unfairly affected by the length of your marriage, contact Glad Answers for more information on this matter.
How did the Same-Sex Marriage Law Form in New Hampshire?
To understand the formation of the law, it is important to learn a bit about the legislative background when it came to the New Hampshire same-sex marriage guidelines. According to Wikipedia, Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of New Hampshire enjoy all the same legal rights as non-LGBT residents, with most advances occurring within the past two decades.
Same-sex sexual activity is legal in New Hampshire, and the state began offering same-sex couples the option of forming a civil union on January 1, 2008. Civil unions offered most of the same protections as marriages concerning state law, but not the federal benefits of marriage.
Same-sex marriage in New Hampshire has been legally allowed since January 1, 2010, and one year later New Hampshire’s civil unions expired, with all such unions converted to marriages. Additionally, New Hampshire law has protected against discrimination based on sexual orientation since 1998 and gender identity since 2018.
Moreover, a conversion therapy ban on minors became effective in the state in January 2019. Since January 1, 2010, New Hampshire has allowed same-sex couples to marry.
The law previously set age minimums for participants in same-sex marriages different from those in opposite-sex marriages:
- No male below the age of 14 years and no female below the age of 13 years shall be capable of contracting a valid marriage that is entered into by one male and one female, and all marriages contracted by such persons shall be null and void; and
- No male below the age of 18 and no female below the age of 18 shall be capable of contracting a valid marriage between persons of the same gender, and all marriages contracted by such persons shall be null and void.
Later In May 2018, the New Hampshire General Court passed a bill to implement a minimum age of 16 with no exceptions. Originally, the bill had a minimum age of 18 for all couples, but it was reduced to 16 in committee. On June 18, 2018, Governor Chris Sununu signed the bill into statute. The law went into effect on January 1, 2019.
Furthermore, On March 13, 2014, the New Hampshire Senate unanimously approved a constitutional amendment that prohibited discrimination based on sexual orientation. The adoption required approval by 3/5 of the House of Representatives and by 2/3 of the voters in the November 2014 elections. But, it was never presented to the voters.
Later on March 7, 2019, the state House approved a bill to prohibit discrimination based on gender identity in public accommodations, health care, and jury selection. It was approved by the Senate on May 30, with an amendment. Then On June 13, the House concurred with the amendment. The bill became law by the Governor in August 2019 and went into effect on January 1, 2020.
Furthermore, On March 28, 2019, the state Senate approved a bill to prohibit discrimination based on sexual orientation and gender identity, amongst other categories, in all New Hampshire public schools. The bill was signed into law by Governor Chris Sununu on 19 July and went into effect 60 days later on September 17, 2019.
Moreover, the state’s anti-bullying law prohibits bullying based on “race, color, religion, national origin, ancestry or ethnicity, sexual orientation, socio-economic status, age, physical, mental, emotional or learning disability, sex, gender identity and expression, obesity, or other distinguishing personal characteristics, or based on association with any person identified in any of the above categories.” The law explicitly includes cyberbullying and harassment and applies to all public schools and charter public schools.
Later, on October 20, 2017, New Hampshire lifted a ban on Medicaid health insurance coverage and state government funding for sex reassignment surgery. Since January 1, 2020, New Hampshire driver’s licenses have had three sex options, that being “male”, “female” and “X”. The “X” option is not available for birth certificates.
In August 2021, it was reported that the gender X on both New Hampshire driver’s licenses and I.Ds for individuals finally became legally available and implemented after 2 years of delays in implementing the 2019 legislation and policy, due to the COVID-19 pandemic worldwide per wiki’s research.
Lastly, a 2017 Public Religion Research Institute poll found that 73% of New Hampshire residents supported same-sex marriage, while 22% were opposed and 5% were unsure. Additionally, 78% supported an anti-discrimination law covering sexual orientation and gender identity but 18% were opposed.
When Do I Need to Contact a Lawyer?
Same-sex marriage laws in New Hampshire have undergone enormous developments to the law it is today. If you have any issues regarding your marriage and you reside in New Hampshire do not hesitate to reach out to a New Hampshire family law attorney to receive help.
