So my mom is a state legislator in NH so I might be able to help explain why this was voted down, as I called her furiously yesterday.
The legislation had passed through the house previously. It had then been amended in the Senate and this was a re-vote on the amended legislation.
The final vote was 188-186. The two votes that made the difference were actually made by famously gay men within the house. They were angry that the legislation had to be amended and felt that they were being bullied by the republicans. They completely did not realize that they would be the deciding votes.
When I was talking to my mom, I let her how proud I am of her every time she votes for this bill despite the angry phone calls, e-mails and even confrontations. As a Catholic, it's been very hard for her to stand up for gay rights. She believes that humanity and love for other trumps outdated beliefs. Unfortunately this is not a popular belief in her parish and it's harder every time she has to stand up for this.
186+ legislators really do believe in this and it's not always an easy stance to take.
I'm just as confused as a lot of people here. Shouldn't religions have the right to refuse? I mean, I can't married in most synagogues or Catholic churches unless one of us converts (my bf's sister married a non-Jew and had a lot of trouble finding a rabbi who'd marry them (they finally found one)) My mom's friend wasn't able to marry her second husband in a Catholic church because she was divorced.
@PetiteGal: Every religion already has the protected right to refuse to marry anyone they like. Every single religion is already protected. No one is asking them to change that in the slightest. no divorced people are suddenly demanding to get married in the Catholic church, no Episcopalians are storming the Mormon temple. What we are talking about here is expanding the right to discriminate to services and locations outside any religious house. To let people who run businesses open to the public to say -open to all but gays.
Sorry, maybe it's just me, but I don't understand why gay marriage is even a debate.
Marriage is marriage - for everyone. God. I don't get the reasoning behind people's opposition to it. How the hell is a homosexual marriage going to affect/hurt/harm/whatever their reasoning of the day is a heterosexual marriage?
It's intolerance just for intolerences' sake. There is no logic! Makes my brain hurt.
@beautiful_dirty_rich: I think that there are not enough people with gay friends. I know that having gay family and friends does not change everyone's mind (Sarah Palin) but it would certainly help some folks understand that people are people, there is no room for prejudice, and diversity is part of the beauty of this world.
@cc: I always believed in equal rights, but I didn't want them so strongly until I started having loved ones who were gay. That adds a good element of passion to this struggle for me. I think the whole reason for the generational gap is that while there are the same amount of gay people per generation, so many more people are out in mine than in older generations. I know who this will affect, and we have discussed it openly.
@cc: It's also surprising how many people are willing to do the "oh, but s/he's one of the good ones!" move. I've seen people do it with every minority I can think of, including gays and lesbians. "Oh, *he's* fine, but most gays are obnoxious whatevers."
It sucks that the bill didn't get passed, but allowing vendors to deny services based on their religious beliefs is just as bullshit as allowing pharmacists to deny women birth control bills and plan b based on their (the pharmacists') religious beliefs.
@FashionShowAtLunch: Is it wrong that I see florists discriminating as not a huge deal. A pharmacist not prescribing birth control could ruin someone's life and health, so that bothers me. But a florist or photographer discriminating? That just prevents a gay couple from giving business to some homophobic chump. I say send the gay marriage business to the open minded folks who believe their union is something that is equal to a straight person's. Flowers and cakes and photos don't really have a life or death impact on someone's wedding, so I think whoever is willing to spew enough hate to have it affect their business should just be left to hang themselves. There's probably more to this than I've actually thought through, but that's just a thought for now.
@Bunsen Honeydew: I agree -- It's not even close to the same level of wrong, but it's the same kind of right-wing bullshit way of justifying discrimination.
I think it is basic justice for the state (whether at the state or federal level) to recognize same sex marriage. When it comes to private groups and businesses, I say let 'em be bigots. I consider it fair warning so that I can refuse to deal with them.
I though most religions could refuse to marry anyone. I know the Catholic church refuses to marry divorced people sometimes, and my own denomination requires that couples go through counseling together and get approval from the pastor to get married. So what's the big deal? No religion has to marry anyone who walks through the doors as it is.
@poires et poireaux: Poires, I love you. That just made me laugh so hard because I had a vision of a) you being super excited in pajamas with bedhead, and b) the "I'm Just A Bill" video from Schoolhouse Rock.
@Sputnik_Sweetheart: Actually, I was kinda hoping that the next Disney musical would be Gertrude and Alice, with singing paintings and dancing books. Or maybe they could add to the Timon and Pumbaa franchise, where the two decide they can finally make it official in NH, despite Friar Tuck's protests.
@kelsium: Wow! Had I been introduced to that video before today, I would surely be humming that song along to this post.
No religious organization ever has to perform a ceremony for anyone, nor are they required to let anyone use their space.
Wedding vendors never have to work with anyone. Yes, if you walk into a store, the clerk has to sell you whatever you want (within reason), no matter who you are, but when I go to a photographer, florist, or caterer to negotiate their services for my wedding, they are free to refuse my custom for any reason. (Until we sign the contracts, anyway.)
So, although I completely understand the clarification that "your church doesn't have to perform any marriage that is against the principles of your religion," how is the provision (a) necessary, and (b) threatening? Isn't it just common sense, codified for paranoia's sake?
I mean, in a general sense it's pretty awesome that they want the bill without the codified exceptions, because it IS paranoia for paranoia's sake. I'm just confused about the whole thing.
But then, what do I know? I'm from Massachusetts. ;) (Even though I live in DC now, hehe.)
@Etoiles: You're right that vendors don't have to work with anyone, but I know a gay couple that attempted to get a venue... and the venue was accommodating, until they found out the couple was gay, at which point they canceled and refused to return their deposit.
I think in many ways, it's similar to medical professionals refusing to provide birth control to people simply because they don't believe in it. Though it is technically illegal to discriminate against someone simply on the basis of their sexual orientation.
@royaume de coeur: Now that's a pretty clear-cut case where there's a big problem -- particularly as the venue held on to the deposit. If you're going to take the money, you need to follow through.
I had more in mind refusal to provide services to start with -- calling a photographer and getting a cold, "sorry, busy *click*."
@Etoiles: Busy is fine. But if you were a interracial couple and a photographer told you "I don't do interracial marriage. I oppose it." you could sue them for discrimination. They can object on professional grounds, but they cannot specifically refuse service because of the kind of person you are.
I imagine the bill would allow vendors to say "I don't support gay marriage, so I won't work with you."
Stone me to death but- I don't think that the bill should force religious institutions to perform marriage ceremonies to all couples. If the Catholic church won't even marry non Catholics because of religious beliefs, I don't think that a Church should be forced to alter its doctrine by the state.
@Zombies make the heart grow fonder: I'm pretty sure they legally CAN'T make churches perform ceremonies. The bill pertained to catering halls, bakeries, ect.
@colormeroutine: Sometimes my mind just can't grasp these things, a business would turn down money because a couple is gay?! In the 'Live Free or Die' state? The state I go to for my cigarettes (half the price of Boston), my booze (no tax!), most of my other drug paraphernalia and any big ticket items (again, no sales tax)?
@Zombies make the heart grow fonder: @colormeroutine: It's true. SCOTUS has held that the government (including legislature and judiciary) may not interfere with religious practices on matters of doctrine (Cf. Jones v. Wolf, for instance, in which the Court held that the state may only resolve property disputes relating to a religious schism on "neutral principles," without making any judgment as to who the "true" church belonged to). This means that the state cannot legally force religious institutions to behave in ways inconsistent with their beliefs.
However, if the churches are receiving state money for anything, they may not engage in certain kinds of discriminatory practices (such as race discrimination, in the Bob Jones University interracial dating case). I wonder if this would mean Catholic schools affiliated with parishes that refuse to perform gay weddings would be denied state money, since the school isn't technically the church itself but it is affiliated with the parish.
@Zombies make the heart grow fonder: You need to read it again. It has nothing to do with forcing churches to peform wedding ceremonies for gay couples.
What services are they referring to? Cakes and decorators, or churches and religious officials? Because I am totally behind not letting providers of incidental services discriminate, but churches... Churches should be able to decide who they will marry in their own church-- which is why a lot of churches are able to refuse to marry people of differing religious beliefs. Annnnd, this is why marriage being both civil and religious is just a mess.
@inabook: I live in Mass. and I've heard of several venues who refuse gay couples, as well as photographers, wedding planners, etc. I think it's meant to prevent discriminatory business practices, not force churches to do anything.
@inabook: Agreed. IMO, "marriage" should be religious only, and everyone who is over the age of 18 should be able to form a civil union with anyone they want who is also over age 18. I would like to see a true separation of church and state on this issue. Religion should have no role in state actions.
@royaume de coeur: But the vendors you contract for wedding services can refuse you for pretty much any reason, at any time, until / unless you sign a contract with them. I mean, I've been reaching out to hairdressers and they know absolutely nothing about my wedding other than the time, date, and that I'm female, and there have already been refusals. (Can't blame 'em; I don't want to be up at 7:00 a.m. on a Sunday either.)
I'm never going to argue that discrimination is right, and I happen to be a HUGE fan of gay marriage because it pisses me off that my friends and my parents' friends don't have equal civil rights to me under the law. It's reprehensible that my parents friends', who have been together for 36 years, are not considered married by the federal government (they are, finally, by the state -- they live in Boston). But since a caterer or photographer or florist or whatever can turn down your request for their services for any reason whatsoever, how would this be plausibly enforceable or helpful?
@Etoiles: I'm imagining it would only be helpful if there was a lot of attention being given to who turned down what, and if it was documented somewhere that X turned down gay couples in many varying circumstances.
@lawschoolnolongermakesmecrazy...because I graduated!: That's not really fair to those of us who are true secular humanists. My parents got married through the government and not through a church, and I want to be able to do the same. I know I am a minority in not believing in a god and believing in the institute of marriage, but this country is *supposed* to honor minority rights. And don't say that it would be the same to give me similar rights under a different name, I believe that words are very powerful.
And that is all I am saying because I get really passionate about this and I don't want to ruin my day.
@lawschoolnolongermakesmecrazy...because I graduated!: No, no, no. I mean, you're entitled to your own opinion, but "marriage" is a very important word in terms of taxes and legal rights. If a "civil union" could get you the same rights, there would be a more complex debate about the place of civil union in society. But you can be married by a judge as easily and in the same way that you can can be married by a priest, rabbi, or imam.
The word "marriage" is not a word that explicitly has to do with religion. Religion is the thing that people use to justify inequality. But marriage IS separated in the proper way -- which is why you MUST have a marriage license signed and submitted and filed and approved by the state government before you can be "married." You can have 20 ceremonies in a church, but without a state-approved marriage license you're legally no more married than a gay couple in Texas.
@stoprobbers: Fabulous, fabulous, thank you. "Marriage" is what every straight couple in the US gets, thank you very much, whether you go through the whole religious thing or have a judge watch your vows at the local courthouse. "Marriage" is what we will continue to call it whatever kind of ceremony you choose. Let's just recognize that two people can be married by the state without being married by any religion, grant that basic right to all loving couples, and move the hell on.
Yes and yes. It feels good to be backed up on this. And of course I support gay marriage, I have loved ones who are gay and I want them to have the same rights as me. The same right to a marriage certified by the state. They already have the right to a marriage performed by religious officials, because there is a separation between church and state. Religions can marry whoever they want to marry.
@tinydundie42: Right, but it wouldn't be unfair because everyone would only have a civil union. I am an atheist and I am married and I love it. I haven't been to a church in many years, and neither has my husband. If we went to city hall and entered into a civil union, we'd have said the same vows. We'd still call each other husband and wife. But the state would not be providing a religious service, which as a secular humanist, atheist, and strict separationist I believe is totally inappropriate for the state to do in the first place.
Of course, my separationism is quite radical and would never go over in the USA, a place where the highest court in the land actually said that we are a religious people and our institutions presuppose a Supreme Being. Oy.
@kithkin: Maybe it wouldn't be unfair. I guess it would be more like saying nobody can have this nice thing because we can't stop discriminating. Like when African Americans had to sit on the back of the bus, why didn't we just say "no more buses for you, Americans. This is why we can't have nice things." No, we put laws in place to fix the inequalities, which is what we should be doing here.
@kithkin: Yes! This is what I was trying to say, but apparently said it wrong? EVERYONE would be a civil union in the eyes of the government, with equal rights to all.
@tinydundie42: I think that's a little hyperbolic and an unfair comparison. It would be a little more like saying "for once, for once, we will honor the Establishment Clause of the First Amendment to the Constitution of the United States of America by not allowing the government to provide a religious service despite the fact that a lot of people want this religious service."
I think that using the term marriage at all is an impermissible violation of the Establishment Clause, period, and I'm not saying that because I don't want equal rights for everyone. I'm saying it because of my deeply held convictions about religious liberty and the impermissibility of favoring religion over irreligion. This would be putting a law in place to fix the inequality and it would hit two birds with one stone.
@lawschoolnolongermakesmecrazy...because I graduated!: But this gives the religious people exactly what they want, a domination of the word marriage. I grew up in a heavily religious area and I was picked on enough for not being religious. My peers told me my parents were not married because being married by a justice of the peace does not count. But I knew that it counted in the eyes of the government, and that is what counted. I can only think of what my child would go through if only religious marriages were allowed.
Crap, I wasn't going to get into this. It still hurts me to revisit that part of my life.
@tinydundie42: That's a really nice way of putting the point. I've always just focused on "uh, guys, we're still going to call it marriage anyway", but you're right to point out that the word "marriage" carries a lot of social significance.
@tinydundie42: I guess that is a way of looking at it. I don't see it that way though. I guess I just think that marriage is so based in religion historically that we will likely never see the day when the government is willing to overlook that connection. So the very real religious aspect of "traditional" marriage would continue to prevent gay marriage from ever being legalized on a federal level. But if the government reforms altogether and no longer recognizes "marriage," only municpally performed "civil unions," then the religious element is entirely removed, the rights and recognition are available to everyone and the religious groups have no basis to object.
@tinydundie42: I mean, if the memories of what I went through is making me cry now, four years removed from that situation... people are going to call children of civil unions names. They are. You can't tell me they won't. They will try to make them feel like there is something wrong with their families. Children and teenagers are cruel. Do we have to give them an easier target?
@tinydundie42: I'm sorry about your experience. I know it hurt me deeply when my (religious) mother in law told me that I wasn't "really" married, and I can imagine it would be even worse as a child to hear peers saying that kind of thing about your parents. But there simply are certain things that are religious. Some things have more secular importance (I can imagine it wouldn't have hurt you at all if your peers said that you weren't "really baptized"), but they are still religious. I believe that changing the law to ensure more "marriage"s for all would just be a further extension of what I already view as an Establishment Clause violation. I want equal rights for all and I also want respect for the Constitution. I think that relieving government of the responsibility to provide "marriages" and instead having civil unions available to everyone, gay, straight, black, white, green, young and old, is the best way for justice and liberty to be served.
@lawschoolnolongermakesmecrazy...because I graduated!: "the religious groups have no basis to object." Sure they do. They'll always have something to object about. And I can already hear the cries and moans that the liberal government would be censoring Christianity and silencing religious America.
@tinydundie42: This is very sad, but cruel children are no reason to excuse a violation of the Bill of Rights. There will always be cruel children, there will always be smug religious people. We're on the same side, I'm an atheist too, and I for one am just glad that judges aren't priests. I think that a judge being able to perform a marriage blurs that line too much and makes it even harder than it already is to be an atheist in America.
@kithkin: I just feel like we have more rights to government protections as the minority group in this situation. Majority rule, minority rights. I don't understand why churches have exclusive rights to the word marriage. If I founded my own church right now I could start marrying people, then, but we could take away a historically established form of marriage and that would be fine. It doesn't make sense to me. But I'm a full generation removed from any religion, so I have a different outlook on these things, I guess.
@tinydundie42: Sorry I talked so much about personally reasons, I've been depressed and it's making it hard to think clearly when I'm feeling passionate. But I want to say, wouldn't it also help the public accept gay couples socially to have them use the normal terms (marriage, husband, wife)?
When Portia was calling Ellen her wife and talking about her marriage on Leno I thought that was so helpful, because it shows people how much they have in common and makes the relationship seem more normal to your average person. If you give it a new and unfamiliar name, I think it labels it as something other and the time it takes to get everyone to accept these couples will take longer.
@BAngieB: Agreed -- though it makes you wonder why they couldn't get it right the first time. For show? To make it look like they weren't knuckling under?
@NefariousNewt: If I'm following properly (and I may not be, it's confusing), they did pass it the right way the first time, then the governor added the religious protection language, and said he would veto the bill without it.
@samethingwedoeverynightpinky: Which marks it as a political ploy. The governor is trying to show his independence (Live Free or Die, indeed!), and at the same time trying to follow the will of the people.
New Hampsherites are a little too conservative for their own good.
@BAngieB: Maybe I'm misunderstanding, but it was rejected because the law said that certain religious officials would not have to perform ceremonies for gay couples? Personally, I'm 100% OK with that. Marriage is a state AND religious institution and I'd like to keep each as far from the other as possible. The equality sought in gay marriage is rights from the government, as I understand it.
@sportz.star: The point is that such language is totally not required. Religious organizations don't have to do anything with same-sex marriage if they don't want to, just like they don't have to do fuck-all for opposite-sex marriage if they don't want to. The language is unnecessary and could be construed in discriminatory ways if passed.
@sportz.star: yeah, the amended version is basically the same as the Vermont and Maine bills, which all call for protections for religious officials to not perform marriages if they disagree with the marriage, basically. It's not a bad thing, it's just a pita that it's becoming this big stupid thing.
@muddgirl: Just curious, how could it be construed in discriminatory ways if passed?
I guess from where I'm sitting, it'd be better to pass the bill with this unnecessary provision than to reach a stalemate with the governor that prevents any gay-marriage legislation from passing. Disclaimer, I'm not familiar with NH politics, so I don't know what sort of political power play may be going on.
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The legislation had passed through the house previously. It had then been amended in the Senate and this was a re-vote on the amended legislation.
The final vote was 188-186. The two votes that made the difference were actually made by famously gay men within the house. They were angry that the legislation had to be amended and felt that they were being bullied by the republicans. They completely did not realize that they would be the deciding votes.
When I was talking to my mom, I let her how proud I am of her every time she votes for this bill despite the angry phone calls, e-mails and even confrontations. As a Catholic, it's been very hard for her to stand up for gay rights. She believes that humanity and love for other trumps outdated beliefs. Unfortunately this is not a popular belief in her parish and it's harder every time she has to stand up for this.
186+ legislators really do believe in this and it's not always an easy stance to take.
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What we are talking about here is expanding the right to discriminate to services and locations outside any religious house. To let people who run businesses open to the public to say -open to all but gays.
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Marriage is marriage - for everyone. God. I don't get the reasoning behind people's opposition to it. How the hell is a homosexual marriage going to affect/hurt/harm/whatever their reasoning of the day is a heterosexual marriage?
It's intolerance just for intolerences' sake. There is no logic! Makes my brain hurt.
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I'm confident that it's only a matter of time.
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I read "An animated version is expected to go through next week" and I got really excited.
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@kelsium: Wow! Had I been introduced to that video before today, I would surely be humming that song along to this post.
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No religious organization ever has to perform a ceremony for anyone, nor are they required to let anyone use their space.
Wedding vendors never have to work with anyone. Yes, if you walk into a store, the clerk has to sell you whatever you want (within reason), no matter who you are, but when I go to a photographer, florist, or caterer to negotiate their services for my wedding, they are free to refuse my custom for any reason. (Until we sign the contracts, anyway.)
So, although I completely understand the clarification that "your church doesn't have to perform any marriage that is against the principles of your religion," how is the provision (a) necessary, and (b) threatening? Isn't it just common sense, codified for paranoia's sake?
I mean, in a general sense it's pretty awesome that they want the bill without the codified exceptions, because it IS paranoia for paranoia's sake. I'm just confused about the whole thing.
But then, what do I know? I'm from Massachusetts. ;) (Even though I live in DC now, hehe.)
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I think in many ways, it's similar to medical professionals refusing to provide birth control to people simply because they don't believe in it. Though it is technically illegal to discriminate against someone simply on the basis of their sexual orientation.
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I had more in mind refusal to provide services to start with -- calling a photographer and getting a cold, "sorry, busy *click*."
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I imagine the bill would allow vendors to say "I don't support gay marriage, so I won't work with you."
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Am I getting that right? Did they vote it down because they DON'T want the religious protections in there? Wow, that's kind of amazing.
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However, if the churches are receiving state money for anything, they may not engage in certain kinds of discriminatory practices (such as race discrimination, in the Bob Jones University interracial dating case). I wonder if this would mean Catholic schools affiliated with parishes that refuse to perform gay weddings would be denied state money, since the school isn't technically the church itself but it is affiliated with the parish.
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I'm never going to argue that discrimination is right, and I happen to be a HUGE fan of gay marriage because it pisses me off that my friends and my parents' friends don't have equal civil rights to me under the law. It's reprehensible that my parents friends', who have been together for 36 years, are not considered married by the federal government (they are, finally, by the state -- they live in Boston). But since a caterer or photographer or florist or whatever can turn down your request for their services for any reason whatsoever, how would this be plausibly enforceable or helpful?
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And that is all I am saying because I get really passionate about this and I don't want to ruin my day.
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The word "marriage" is not a word that explicitly has to do with religion. Religion is the thing that people use to justify inequality. But marriage IS separated in the proper way -- which is why you MUST have a marriage license signed and submitted and filed and approved by the state government before you can be "married." You can have 20 ceremonies in a church, but without a state-approved marriage license you're legally no more married than a gay couple in Texas.
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@Laulau:
Yes and yes. It feels good to be backed up on this. And of course I support gay marriage, I have loved ones who are gay and I want them to have the same rights as me. The same right to a marriage certified by the state. They already have the right to a marriage performed by religious officials, because there is a separation between church and state. Religions can marry whoever they want to marry.
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Of course, my separationism is quite radical and would never go over in the USA, a place where the highest court in the land actually said that we are a religious people and our institutions presuppose a Supreme Being. Oy.
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I think that using the term marriage at all is an impermissible violation of the Establishment Clause, period, and I'm not saying that because I don't want equal rights for everyone. I'm saying it because of my deeply held convictions about religious liberty and the impermissibility of favoring religion over irreligion. This would be putting a law in place to fix the inequality and it would hit two birds with one stone.
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Crap, I wasn't going to get into this. It still hurts me to revisit that part of my life.
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Sure they do. They'll always have something to object about. And I can already hear the cries and moans that the liberal government would be censoring Christianity and silencing religious America.
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When Portia was calling Ellen her wife and talking about her marriage on Leno I thought that was so helpful, because it shows people how much they have in common and makes the relationship seem more normal to your average person. If you give it a new and unfamiliar name, I think it labels it as something other and the time it takes to get everyone to accept these couples will take longer.
There is my other two cents.
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New Hampsherites are a little too conservative for their own good.
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I guess from where I'm sitting, it'd be better to pass the bill with this unnecessary provision than to reach a stalemate with the governor that prevents any gay-marriage legislation from passing. Disclaimer, I'm not familiar with NH politics, so I don't know what sort of political power play may be going on.