05/29/09 AP (source: ADF Alliance Alert):
CONCORD, N.H.—House and Senate negotiators on Friday agreed to add one sentence and change one word in a bill [HB75] that will determine whether the state allows gay marriage ... The new version, which is expected to come up for a vote Wednesday, adds a sentence specifying that all religious organizations, associations or societies have exclusive control over their religious doctrines, policies, teachings and beliefs on marriage. It also clarifies that church-related organizations that serve charitable or educational purposes are exempt from having to provide insurance and other benefits to same sex spouses of employees. The earlier version said "charitable and educational" instead of "charitable or educational."
On May 18th, Republican members of the Senate Judiciary Committee had proposed an amendment to exempt individual religious-conscience objectors in the wedding business - a more limited version of a proposal that several religious-liberty scholars recommended to New Hampshire Governor John Lynch (here and here), and to officials in Connecticut and New York. AP reports that among other amendments proposed today, Sen. Sheila Roberge, R-Bedford, proposed to exempt "individuals [who] decline to provide wedding services if doing so would violate their "consciences or sincerely held religious beliefs." All of her amendments were defeated. Why did negotiators reject the amendment to exempt religious individuals in the wedding trade? They appeared to fear a slippery slope that would lead to other forms of discrimination:
"Hypothetically, if I'm a Nazi -- which I'm not -- and I felt white supremacy should take place, do I now get an exemption because my conscience says if you're not blond and blue-eyed, I can discriminate against you?" asked Rep. Anthony DiFruscia, R-Windham.
06/01/09 update
06/01/09 Nashuatelegraph.com (source: ADF Alliance Alert):
Sen. Sheila Roberge, R-Bedford, tried without success to convince negotiators to let any private individual or business could decline to participate in same-sex marriages due to their “conscience or sincerely held religious beliefs.”
Sen. Bette Lasky, D-Nashua, said this protection would go too far and run afoul of the state’s existing anti-discrimination laws.
06/02/09 update
Baptist Press (source: ADF Alliance Alert):
"The New Hampshire governor is right to recognize the threat to religious liberty posed by same-sex marriage, but he underestimates the threat by a long shot," Austin R. Nimocks, an attorney with the legal organization Alliance Defense Fund, told Baptist Press. "The protections he proposes do not cover business owners and individuals with religious objections to same-sex marriage, and these are exactly the kind of cases that the Alliance Defense Fund is having to defend."
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Commentators, Subjects and Cases
- 14th Amendment
- Act To End Discrimination in Civil Marriage and Affirm Religious Freedom
- Adar v. Smith
- Adoption
- Affaire de AFER
- Alan Brownstein
- Alex Kozinsky
- Alliance Defense Fund
- Amador Valley Joint Union High Sch. Dist. v. State Bd. of Equalization
- Amy Margolin
- Andrew Koppelman
- Andrew Pugno
- Angelique Naylor
- Ann Ravel
- Anthony Romero
- Appling v. Doyle
- Arthur Leonard
- Asylum
- Austin R. Nimocks
- Baker v. Vermont
- Balde v. Alameda Unified School District
- Benson v. Alverson
- Beth Robinson
- Bishop et al v. State of Oklahoma et al
- Bobbie Wilson
- Bonilla v. Hurst
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- Brad Sears
- Brenda Cox
- Brian E. Gray
- Brian Raum
- Brian W. Raum
- Burns v. State of California
- California Assn. of Retail Tobacconists v. State of California
- California Civil Marriage Religious Freedom Act
- California Family Protection and Marriage Recognition Act
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- California Marriage Recognition and Family Protection Act
- California State Bar
- Calvin Massey
- Camilla Taylor
- Campaign for California Families
- Campaign for California Families v. Newsom
- Carl Esbeck
- Carlos Ball
- Carlos Moreno
- Chad Griffin
- Chai Feldblum
- Chambers v. Ormiston
- Charles Cooper
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- Christopher Krueger
- Civil Unions
- Cleveland Taxpayers for the Ohio Constitution v. City of Cleveland
- COBRA
- Cole v. Arkansas
- Collins v. Brewer
- Colorado Civil Union Benefits and Responsibilities Act
- Commonwealth of Massachusetts v. U.S. Dept. Health and Human Services
- Counsel
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- Custody
- D.C. Marriage Initiative of 2009
- D.C. Religious Freedom and Civil Marriage Equality Amendment Act of 2009
- D.C. Stand for Marriage
- Dale Carpenter
- Dan Lungren
- Darren Spedale
- David Blankenhorn
- David Boies
- David Codell
- David Cruz
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- Dean v. District of Columbia
- Deb Kinney
- Deborah Wald
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- Defense of Mariage Act
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- Dennis Herrera
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- Edward Stein
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- Family Research Council
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- Geoffrey Stone
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- Glen Lavy
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- Gloria Allred
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- Goodwin Liu
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- Irving Greines
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- Maine Question 1
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- Martha Nussbaum
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- Mary Bonauto
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- Maryland Religious Freedom and Civil Marriage Protection Act
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- Mathew Staver
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- Michael Dorf
- Michael Perry
- Minnesota Marriage and Family Protection Act
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- Nan Hunter
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- New York Marriage Equality Act
- O'Darling v. O'Darling
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- One Iowa
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- Patricia Cain
- Paul Brest
- Pennsylvania Marriage Equality Legislation
- People v. Frierson
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- Rick Garnett
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- Romer v. Evans
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- Shannon Minter
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- Stephen Bainbridge
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- Strauss v. Horton
- Strict Scrutiny
- Super DOMA Amendment
- Susan Sommer
- The Domestic Partnership Benefits and Obligations Act of 2009
- Theodore Boutrous Jr.
- Theodore Olson
- Therese Stewart
- tobias Wolff
- Tom Berg
- U.C. Berkeley Law Professor Jesse Choper Choper
- U.S. v. Carolene Products Co.
- Uniting American Families Act of 2009
- Varnum v. Brien
- Vermont Act to Protect Religious Freedom and Promote Equality in Civil Marriage
- Vikram Amar
- Vivian Polak
- Washington Referendum 71
- William Araiza
- William Eskridge
- WVForMarriage.com
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