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Tuesday, May 5, 2009

Gay Marriage Pending in Three States

Three states are currently in the process of deciding the fate of same-sex marriage, Maine, New Hampshire and California.

Maine:

Last Thursday Maine's state Senate voted 21-14, in favor of same-sex marriage. Today the state House in Maine will vote on the bill. According to some reports, there is much optimism that the bill will pass today's vote. There is wide-spread support in the House, with 55 House members co-sponsoring the bill. Maine's Democratic Governor, John Baldacci, however, has said in the past that he does not support same-sex marriage. Governor Baldacci also has not come right out and said he'd veto it either. Even if the bill is signed by the Governor, Maine has a people's veto law which allows for legislation to be repealed by referendum if voters so chose. According to the Associated Press, Maine voters are split in their opinions of same-sex marriage.

New Hampshire:

Meanwhile in New Hampshire, both the state House and state Senate have approved a same-sex marriage bill. Just last Wednesday the state Senate voted in favor of a bill previously approved by the House, only with a modification to calm some opposition. The change clearly spells out the distinction of civil marriage vs. religious marriage, making allowances for churches and religious organizations to individually decide if same-sex marriage should be ordained. The modification, I feel, is a good compromise.

For me personally, I don't want recognition from any religious organization. I only want the legal protections and responsibilities that come with state sanctioned marriage. Unfortunately, New Hampshire's House rejected that same modification before the bill made it's way to the Senate. So it is unclear if they will now approve of that same change when the bill makes its way back to them.

If the bill is finally agreed upon, then it will make its way to the Governor for his signature. Once again, in this state, the Governor is not readily agreeable to same-sex marriage. Although, Governor Lynch hasn't declared that he'd veto the legislation, he has said in the past that the state's current civil union laws are sufficient for equal protection. He has said that Federal law now needs to change to provide full equality.

California:

As most people already know, the California Supreme Court is due to rule on three court challenges to Proposition 8, any day now. Actually, they have until early June to make their ruling. The ruling will determine if the previously married 18,000 couples will be allowed to remain legally married and if the state went about passing Proposition 8 using the correct legal protocol. Although it might not look too promising, it is possible that Proposition 8 could be ruled unconstitutional. There could also be a split in that the previously married couples will maintain their married status and Proposition 8 could still stand, preventing future same-sex marriages. It is also quite possible that all challenges to Proposition 8 could fail. No one has a crystal ball and only time will tell.

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