Thursday, June 06, 2019

NH Made History



Last week history was made in New Hampshire. The death penalty was repealed in our state, making NH the twenty-first state to enact a repeal.

To accomplish this, the legislature had to override Governor Sununu’s veto, by a two-thirds majority in both the House and the Senate. That it happened is a testimony to the kind of bipartisan coalition building that has been going on behind the scenes for years.

In 1998, a bill was introduced to expand the death penalty. Two state representatives, Cliff Below and Renny Cushing, took a different view, and introduced a floor amendment to abolish it altogether. Their amendment failed, but, so did the death penalty expansion bill. That was the beginning of the repeal movement.

The group that formed came to be known as the New Hampshire Coalition to abolish the Death Penalty. It included members from the faith community, police officers, lawmakers from both sides of the aisle, and family members of murder victims. They would spend the next twenty years speaking out, filing repeal bills, and building momentum.

As the years went on, the death penalty began to be repealed in other states. Groups like the Innocence Project were using DNA evidence to overturn wrongful convictions and getting people released from death row. The NH coalition brought some of those death row exonerees to testify before the NH legislature. The testimony over the years of Curtis McCarty, Kirk Bloodsworth, and Sabrina Butler had an impact on how legislators began to think about the death penalty. Granted, the way the NH statute was written made a wrongful conviction unlikely, but even having the death penalty made the state part of something that is increasingly regarded as barbaric. 

Governor Sununu’s reason for vetoing the repeal was that he was standing with law enforcement; that the death penalty offers them some sort of protection, and shows support for them. A more tangible means of support would be to ensure that our police officers have good pay, good benefits, and excellent training. They’d probably appreciate it if the NH GOP stopped trying to turn NH into a right to work state, too. Another show of support would be to tighten up our gun laws, but I’ll save that topic for another day.

There has been a lot of talk about how the death penalty repeal was, “politicized.” A broad, bipartisan coalition was responsible for the repeal. The governor was furious at the thought of his veto being overturned, and so he lobbied House Republicans relentlessly.

In the Trumpian political world every single issue boils down to one thing: winning. The greater good was left in the dust as we hurtled down the road to “owning the libs.” The idea that the veto would be overturned, by people voting with their deeply held beliefs in mind was apparently not worthy of respect – it was LOSING.

In the House, 35 legislators who had voted for repeal in April voted against overriding the veto in May. The governor succeeded in convincing those folks to value party over principle. In Carroll County he turned only one member, State Rep. William Marsh from Wolfeboro. Despite Sununu’s hard work, the House did override the veto, and a week later so did the Senate.

It is unfortunate that the repeal was politicized, and even more unfortunate that those doing the politicizing pointed the finger at those who did no such thing. If Governor Sununu had stood up and said that he was disappointed in the veto override, but he understood that this was a vote by legislators on deeply held principles, he would have looked positively heroic, and I would be writing a different column. 

NH made history. The news of the repeal traveled all over the world. It was refreshing to read international press on the NH legislature that wasn’t generated by a Republican dropping his gun or his pants. We left the company of countries like Afghanistan, China, Iraq, Iran, Pakistan, and Somalia where citizens are executed by the state. New Hampshire walked bravely into the 21stCentury. We’ve become an example that other states are using in their repeal efforts.

I’m proud of my state. There are far too many people to acknowledge, so I’m going to pick two. State Representative Renny Cushing of Hampton has been a leader in the repeal effort for 20 years, along with Arnie Alpert of AFSC NH. Their work to repeal the death penalty has been tireless and inspiring. I’m fortunate to be able to call them both my friends. 

On dark days when we ask ourselves why good change takes so long, and begin to doubt that it can happen at all, let this vote remind us that the arc of the moral universe does indeed bend toward justice. 



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