Wednesday, June 3, 2009
New Hamphsire Governor John Lynch has just signed a bill into law allowing same-sex marriage in the state. The article from the NH Union-Leader has links to the language of the bills.
As a legislative act, there are no obvious constitutional issues. However, given that NH is the sixth state to recognize same-sex marriage - - - or perhaps the sixth "and a half" if one not only counts Massachusetts, Maine, Vermont, Iowa, Connecticut, but also the same-sex couples in California whose marriages are recognized - - - there are increasing issues regarding federalism and full faith and credit. The federal DOMA is already being challenged by same-sex couples in Massachusetts discussed here, and there is substantial scholarship about possible constitutional challenge discussed here.
And, for what it is worth, former vice-President Dick Cheney has been giving his opinion that same-sex marriage should be allowed as a matter of state law.