CONCORD, N.H. — The sponsor of a bill to repeal New Hampshire’s gay marriage law proposed Tuesday to give voters a chance to weigh in through a nonbinding ballot question on whether the state should restore a 2007 civil unions law.
State Rep. David Bates, a Windham Republican, said his proposal would repeal gay marriage effective March 31, 2013, and replace it with civil unions. He said if voters decide in November they want to keep civil unions for homosexuals, gay marriage would be repealed. He said if voters object to repealing gay marriage, lawmakers would have time to stop the repeal from taking effect.
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The civil unions law enacted in 2007 was considered by gay marriage supporters to be marriage in all but name.
Bates’ proposal is intended to return to that law by giving same-sex couples the contractual protections of marriage and requiring them to go through divorce proceedings like heterosexual couples.
“From my perspective, this is not intended to be a substitute or mimic of marriage,” he said.
Bates said he will offer the proposal as an amendment to his bill when it comes to the House floor for a vote next week, probably Wednesday.
Bates said his amendment will satisfy some critics who said his original proposal failed to ensure the almost 1,900 existing same-sex marriages would not be affected if the law that took effect in 2010 is repealed. The amendment specifically states their marriages will not be affected. Bates said it would replace the current “illegitimate definition” of marriage with one defining it as between one man and one woman.
Tyler Deaton of Standing Up for New Hampshire Families, which opposes repeal, called the referendum a distraction from the real issue that lawmakers would be voting to discriminate against same-sex couples.
“The very premise of this bill is to take away rights,” said Deaton.
It is Bates’ second amendment to the bill, which is being heavily lobbied by both sides. Both sides also are promising to raise money to support lawmakers sympathetic to their cause in the fall elections. The National Organization for Marriage has pledged to spend $250,000 to help lawmakers who support repealing the law. On the other side, the New Hampshire Republicans of Freedom and Equality PAC is raising money to back Republicans who vote to retain the law.
New Hampshire polls show a majority oppose repealing the law. Bates disputes their accuracy.
Democratic Gov. John Lynch has repeatedly said he will veto attempts by the Republican-controlled Legislature to repeal the law, which he signed in 2009; he also signed the earlier civil unions law.
Spokesman Colin Manning reiterated Tuesday the veto promise applies to Bates’ latest proposal.
Repeal opponents, including some Republican lawmakers, believe the vote to pass the bill in the House will be close.
They believe if it passes and is vetoed, they have the votes to sustain a veto.
It takes a two-thirds vote of those present and voting to override a veto.
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