EagleTribune.com, North Andover, MA

New Hampshire

January 5, 2010

New gay marriage law faces challenge

CONCORD — Gay marriage opponents have begun a grass-roots effort to challenge New Hampshire's new gay marriage law by raising the issue at town meetings this spring.

Rep. David Bates, a Republican from Windham, is organizing a petition drive to ask town voters if they want state lawmakers to place a constitutional amendment on gay marriage on a future general election ballot.

The petition, which is nonbinding, asks if "the citizens of New Hampshire should be allowed to vote on an amendment to the New Hampshire Constitution that defines marriage." However, the petition does not define marriage.

Nonbinding items on various issues are often taken up at town meetings. More than 200 towns hold meetings each spring in New Hampshire.

As of yesterday, Pelham and Windham had received the petition. Canterbury had not, but Town Clerk Cheryl Gordon said it only takes the signatures of 25 registered voters in Canterbury to put an item on the town's agenda.

New Hampshire's law legalizing gay marriage took effect Friday. The law made the state the fifth to allow the unions. The other four are Connecticut, Iowa, Massachusetts, and Vermont.

Legislation has been filed to repeal the gay marriage law and debate over it is expected early this year. A proposed constitutional amendment to define marriage as the union of one man and one woman also has been filed. But neither is expected to get legislative approval.

Gay marriage opponents have argued that voters, not lawmakers, should decide the issue. They say lawmakers are out of step with popular opinion.

California briefly allowed gay marriage before a popular vote in 2008 banned the practice; a court ruling grandfathered in couples who were already married. Last year, Maine lawmakers approved gay marriage, but voters overturned the law in a referendum.

New Hampshire is not a referendum state. Three-fifths of the Senate and the House are needed to put a constitutional amendment before voters. Two-thirds of voters then would have to agree to change the constitution.

Bates planned a news conference today to discuss additional details of the petition drive. He declined through a spokeswoman yesterday to discuss them.

Kevin Smith, executive director of the conservative Cornerstone Policy Research, said his group supports Bates' effort but has supplied no resources to gather the signatures.

"It's a nonbinding question on the town ballots to ask town folks if they want the ability to vote on the issue," Smith said.

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