New Hampshire House defeats Marriage Equality 188-186

It ain't over...but here's what's happened:

The Senate approved HB 73, which were a series of Amendments proposed by Governor Lynch. The House voted AGAINST concurring by a vote of 188-186. (This, after having approved the original marriage equality bill that was sent to the Governor two weeks ago)

They THEN approved a motion 207-168 to go to a Conference Committee withthe senate to try and work out common ground.

The strongest arguement *against* concurring with HB 73 was offerred by Rep. Steve Vaillancourt, a Republican and strong supporter of Marriage Equality. As much as I want to see Marriage Equality, Steve was 100% on target.

Under the Federal & State Constitutions, and included in most of the Goevrnor's amendments, it is/was clear that religious institutions were free to marry whomever they found qualified under their own rules. And under these laws, religious groups can legally 'discriminate' against other religions when it comes to membership and services in their own operations - as it should be. However, under state law, if a religious body holds themselves out as a Business to the public, then they must serve the entire public, and not pick and choose, say, to serve whites but not blacks, or to serve Baptists and Methodists but not Pentecostals. That law prohibits organizations from discriminating based on sexual orientation when they hold out business services to the public.

Governor Lynch threw down a gauntlet: in effect, he said he'd approve a Marriage Equality bill, but he wanted an 'exception' so that businesses with a religious foundation could legally discriminate against same-sex couples engaging in marriage and 'related' services, such as receptions. In other words, if the business was held out to the PUBLIC, they could still discriminate against couples based on orientation.

This was a CLEAR STEP BACKWARDS.

Let's hope that the House and Senate can recraft the bill in a way that grants Marriage Equality WITHOUT going backwards on discrimination, and let's hope that hte Governbor actually signs the bill and stops playing both sides against the middle with his usual infuriating cowardice.

Gov. Lynch is a Coward

I'm rarely that dramatic in my headlines, but the label fits.

Two weeks ago, the N.H. legislature adopted a Marriage Equality Bill. The Speakers of the House and Senate delayed delivering the bill to the Governor, because once delivered, state law only gives him 5 days to make a decision, and he wanted more time. During that time, the state was baraged with hateful ads from out-of-state groups proclaiming the virtual end of western civilization if he signed. Two days ago, the Governor met with opposition leaders. And yesterday, he announced his decision.

He stated that he would veto the bill in its current form, but sign it if certain amendments were added. Most of these amendments are meaningless: they insure the right of religious institutions to refrain from conducting same-sex ceremonies. This is meaningless because churches already have this right under both the US and State Constitutions; For years Roman Catholic Churches refused to marry non-Catholics, and there was -and is - no legal repurcussion for this. The Constitutions guarentee them their right to conduct their ecclesiastical rites their own way. From this perspective, Lynch's amendments are simply political posturing.

However, one of his 'required' amendments is a clear step backwards.

"a religious organization, association, or society, or any individual who is managed, directed, or supervised by or in conjunction with a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, shall not be required to provide services, accommodations, advantages, facilities, goods or privileges to an individual if such request for such services, accommodations, advantages, facilities, goods or privileges is related to the solemnization of a marriage, the celebration of a marriage, or the promotion of marriage through religious counseling, programs, courses, retreats, or housing designated for married individuals..."

On its face, this sounds like a statement in support of religious liberty. In reality, it is a step backwards for equality.

The proposed amendments enable organizations that own businesses (such as lakeside retreats, function facilities, etc.) AND WHO HOLD THESE FACILITIES OUT TO THE PUBLIC, to discriminate on the basis of sexual orientation.

All agree that religious institutions must be permitted to do as they wish in the conduct of their own religious life. HOWEVER, once they begin engaging in business with the public, a different set of laws apply. Under current law, businesses may NOT discriminate in the provision of services or housing based on sexual orientation. Under Lynch's proposed amendments, this discrimination would now be legal.

Lynch, once again, can claim to be all things to all people:

He will tell gays and liberals that he supports Marriage Equality.

He will tell theocrats that he supported rolling back the anti-dsicrimination laws to give them an exception.

If it passes, the Conservatives have won a right to discriminate in the conduct of Public Business.

If it fails, Lynch can blame the Legislature for "not doing a good enough job."

Governor, you are pandering the right and avoiding leadership. Whereas you could have had my unending support, you now have my unending scorn, regardless of the outcome of your political games.