What they should not do is what New Hampshire's Senate did last week: pay lip-service to religious freedom while enacting meaningless protections. New Hampshire's bill provides that "members of the clergy ... shall not be obligated ... to officiate at any particular civil marriage or religious rite of marriage in violation of their right to free exercise of religion." But this is a hollow guarantee: The 1st Amendment already provides such protection.
In fact, on April 29th, the NY Times reported an amendment to the legislation that would, at least in (small) part, accommodate Wilson's concern:
"The Democratic-controlled Senate voted 13 to 11 in favor of the bill, but only after a last-minute amendment strengthened language granting legal protections for religious groups and organizations that do not want to perform or help carry out same-sex marriages."
At the time, I was unable to find the amendment. But the May 10th New Hampshire Nashua Telegraph identifies the amending bill:
The Senate-crafted compromise (HB 436) only got to Secretary of State Bill Gardner late Friday afternoon, while the second bill (HB 310) that fixes mistakes made in the first wasn't there yet.
So here is the amendment to the religious-liberty exemption:
7 Affirmation of Freedom of Religion in Marriage. Amend RSA 457:37 to read as follows:
457:37 Affirmation of Freedom of Religion in Marriage.
I. Members of the clergy as described in RSA 457:31 or other persons otherwise authorized under law to solemnize a marriage shall not be obligated or otherwise required by law to officiate at any particular civil marriage or religious rite of marriage in violation of their right to free exercise of religion protected by the First Amendment to the United States Constitution or by part I, article 5 of the New Hampshire constitution.
II. No 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 be required to participate in a ceremony solemnizing marriage in violation of the religious beliefs of such organization, association, or society.