With the defeat of same-sex marriage in Maine, all eyes are now turning toward the Granite State, where lawmakers anticipate a heated battle over the state's new gay marriage law in the upcoming legislative session.
As the new year rings in Jan. 1, many gay couples in New Hampshire will be heading to the altar on the first day same-sex marriages will be allowed in the state.
But two legislative proposals aim to overturn the new law. House members have filed requests to introduce a bill and a constitutional amendment that would repeal the measure shortly after it takes effect.
While lawmakers are already gearing up for the fight expected when the new legislative session begins in January, some gay couples are wary of what could happen at the Statehouse in Concord. An opportunity many thought they would never see may suddenly vanish.
For Kitty Cole and Nancy Richards of Hampstead, the first of the year is a date they have been anxiously awaiting for months, or at least since June 3 — the day Gov. John Lynch signed the state's new same-sex marriage law.
On Jan. 1, Cole and Richards are scheduled to marry after being together for 33 years.
"I don't really feel threatened by it," Cole said of the proposed repeals. "Just excited at what lies ahead. I never thought I would see any of this in my lifetime."
She said it's too bad Maine overturned its same-sex marriage law Nov. 3 — and it would be unfortunate if New Hampshire did the same.
"I just think it would be sad and unnecessary and ridiculous that people can't live their own lives," Cole said, noting the government shouldn't be telling people how they must live.
Legislature could undo what it just did
One of the two proposals is a bill that bans same-sex marriage, but allows for civil unions. The other is a constitutional amendment calling for marriage to be defined as the union of a man and a woman. But both could derail what Rep. Jim Splaine, D-Portsmouth, has fought for years to achieve.
He is the sponsor of House Bill 436 — the landmark legislation allowing gay marriage that passed last spring. After finally winning the hard-fought battle, Splaine said he's ready for the next round.
"We are on excellent ground," Splaine said, optimistic the new same-sex marriage law will remain in effect. "It is much easier to defend than to obtain."
Splaine said "fear and hatred" led to the defeat of Maine's law, along with "sloganizing" that turned the state's voters against the months-old law. He said he doesn't see that happening here after numerous hours of debate in the Legislature led to the passage of a carefully crafted law he expects will withstand the toughest of challenges.
"I think we are going to win. I'm sure of that," he said.
Constitutional amendment difficult to enact
Also, adoption of a constitutional amendment would require approval from 60 percent of the members from the both the House and Senate to be placed on the ballot. Then, two-thirds of voters would have to adopt the measure.
"I don't see that happening," Splaine said. "I think the Republicans are just looking to make an issue of it," referring to the GOP backers of the proposals to repeal gay marriage.
Even Rep. Jordan Ulery, R-Hudson, an ardent opponent of same-sex marriage, admits the constitutional amendment faces an uncertain future, saying it is "virtually impossible" to garner the necessary support for this amendment or any other just because it is difficult to receive two-thirds approval from the electorate.
That's why Ulery is one of several cosponsors of the bill to be introduced by Londonderry's Al Baldasaro that bans same-sex marriage, but allows civil unions — available in New Hampshire since Jan. 1, 2008. Bills only require majority votes from lawmakers, making them much easier to enact.
For Ulery, the debate boils down to the question of, "What's the definition of marriage?"
"Marriage is for the creation of the family and the conception of children," he said, not necessarily about loving another person or about two people living together in the same home, both of which are allowed under civil unions.
"Marriage isn't an equal rights issue," he said. "I don't believe it's a right at all. It's a privilege."
Lawmakers say gay marriage doesn't represent NH
He said the state's gay marriage law was passed by an "elite group" in the Legislature who thought they knew the voters' wishes.
Ulery said he expects there to be "a lot of noise" when the proposed same-sex bans are heard on the House floor.
While both proposals are largely backed by conservative Republicans like himself, "That doesn't mean we are bad people or that we don't care," he said.
Ulery also said he doesn't think gay couples should be overly concerned if the new law is overturned.
"I don't think they have any right to feel threatened," he said. "No one is threatening their lifestyle."
A cosponsor of the constitutional amendment, Rep. Daniel Itse, R-Fremont, also agrees the vote to approve gay marriage in New Hampshire should not have been allowed and that it didn't reflect the wishes of the people.
"I would maintain that they didn't have the authority to write such a law," he said of fellow lawmakers, noting that placing a constitutional amendment on the ballot allows the state's residents to decide the issue.
"That is the mechanism to put it before the people and let the people say, 'No, you are not allowed to do this,'" Itse said. "We should have really asked for people's permission. ... I think the real question is, who is in charge? The government or the people?"
While the House bill would allow for civil unions, the constitutional amendment would not.
"Civil unions are not part of the equation," said Itse, who said gay marriage is "against the laws of nature."
While lawmakers agree the proposed repeals of gay marriage will generate a lot of discussion within the Legislature, that's not necessarily a bad thing, Splaine said, even though the law he sponsored is under attack.
"I look forward to the debate," he said. "We make progress when we discuss issues of discrimination."
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