The social media platform Facebook has a feature called “memories.” Every day it reminds users of posts they made on that same date over their years on Facebook. It’s a daily trip into the Wayback Machine, albeit without Mr. Peabody and Sherman. On April 29 I was reminded that 10 years ago, the NH Senate was scheduled to vote on HB 436, the bill to extend the right to marry to gay couples in our state.
In 2004 the Massachusetts Supreme Court ruled that it was unconstitutional to allow only opposite sex couples to marry, making Massachusetts the first state where gay couples were allowed to legally wed. New Hampshire created a commission to study the issue and make recommendations. The commission held public hearings and took hours of testimony, and after all that, in 2005, recommended a constitutional amendment defining marriage as between a man and a woman. The commission was a sham, created to provide the illusion of listening to residents, even though the outcome had already been decided.
In 2006, Democrats seized control of the state legislature for the first time in decades. In 2007, the legislature passed a civil unions bill, and Governor Lynch signed it. The law took effect at midnight on New Year’s Eve, and 37 couples were joined in civil unions in a big ceremony on the State House plaza in Concord. I attended a private ceremony that same night at the Notchland Inn. The next day I wrote about the ceremony, and noted that it was like a wedding only more joyful. Gay couples had waited for so long to have any legal recognition or protection that the ceremonies were that much more celebratory. Civil unions did not provide the same legal rights as marriage, but it was a step in the right direction.
Two years later, on March 26, 2009 the NH House passed HB 436, a bill that would allow gay couples to marry, and turn the civil unions into marriages. The vote was long and contentious. A move to table failed. Former State Rep. Gene Chandler’s move to kill the bill failed. The bill finally passed, by a vote of 186-179. Only two of Carroll County’s state reps that voted that day are still in office. Both are Democrats. Bill sponsor Ed Butler voted yea, and Tom Buco voted nay. Former Representatives Robert Bridgham and Susan Wiley also voted yea. Former Representatives Christopher Alghren, Gene Chandler, Joseph Fleck, David Knox, Betsey Patten, John Roberts, Dino Scala, Stanley Stevens, and Karen Umberger joined Rep. Buco on the wrong side of history.
The bill went on to the Senate, where it was amended to ensure that churches and church affiliated groups would not be forced to participate in gay weddings. The amendment also stipulated that only persons over the age of 18 would be allowed to marry. The Senate voted to pass the bill by a vote of 13-11. It should come as no surprise that State Senator Jeb Bradley voted nay.
Two years later, on March 26, 2009 the NH House passed HB 436, a bill that would allow gay couples to marry, and turn the civil unions into marriages. The vote was long and contentious. A move to table failed. Former State Rep. Gene Chandler’s move to kill the bill failed. The bill finally passed, by a vote of 186-179. Only two of Carroll County’s state reps that voted that day are still in office. Both are Democrats. Bill sponsor Ed Butler voted yea, and Tom Buco voted nay. Former Representatives Robert Bridgham and Susan Wiley also voted yea. Former Representatives Christopher Alghren, Gene Chandler, Joseph Fleck, David Knox, Betsey Patten, John Roberts, Dino Scala, Stanley Stevens, and Karen Umberger joined Rep. Buco on the wrong side of history.
The bill went on to the Senate, where it was amended to ensure that churches and church affiliated groups would not be forced to participate in gay weddings. The amendment also stipulated that only persons over the age of 18 would be allowed to marry. The Senate voted to pass the bill by a vote of 13-11. It should come as no surprise that State Senator Jeb Bradley voted nay.
When the Senate amends a House bill, the House has to agree with the amendment. The House voted to concur by a vote of 178-167 on May 6. On June 3, 2009, Governor Lynch signed the bill into law. It went into effect on January 1, 2010.
We know what didn’t happen. There was no rain of toads, no plague of locusts, no flood of lawsuits, and it was not the end of western civilization. What did happen was that new marriages took place, new families were created, and the couples that had entered into civil unions were recognized as legally married.
All this happiness and equality didn’t please everyone. The Republicans won control of the state legislature in 2010, but were not keen to take up a repeal bill. Former Rep. David Bates of Windham launched a move to put a non-binding referendum question as a warrant article at town meetings, to call for a repeal of marriage equality. The move was not a success. Most towns refused to even put the question on their warrant. That did not deter former Rep. Bates. In 2012, he sponsored a repeal bill. Even though polling data showed that NH residents were actually opposed to repeal, Bates was convinced that the polls were wrong, and he knew better. The bill failed in the Republican controlled house, by a vote of 211- 116. Bates was on the wrong side of history, as those who deny rights always are. In 2015, the US Supreme Court ruling in Obergefell v. Hodges made marriage equality the law of the land.
We know what didn’t happen. There was no rain of toads, no plague of locusts, no flood of lawsuits, and it was not the end of western civilization. What did happen was that new marriages took place, new families were created, and the couples that had entered into civil unions were recognized as legally married.
All this happiness and equality didn’t please everyone. The Republicans won control of the state legislature in 2010, but were not keen to take up a repeal bill. Former Rep. David Bates of Windham launched a move to put a non-binding referendum question as a warrant article at town meetings, to call for a repeal of marriage equality. The move was not a success. Most towns refused to even put the question on their warrant. That did not deter former Rep. Bates. In 2012, he sponsored a repeal bill. Even though polling data showed that NH residents were actually opposed to repeal, Bates was convinced that the polls were wrong, and he knew better. The bill failed in the Republican controlled house, by a vote of 211- 116. Bates was on the wrong side of history, as those who deny rights always are. In 2015, the US Supreme Court ruling in Obergefell v. Hodges made marriage equality the law of the land.
We the People are capable of doing the right thing, something we all need to be reminded of, especially right now.
“We will never have true civilization until we have learned to recognize the rights of others.” – Will Rogers
published as an op-ed in the May 3, 2019 edition of the Conway Daily Sun newspaper
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