Wednesday, June 3, 2009

NH same-sex marriage becomes law

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.

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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.

RR


http://lawprofessors.typepad.com/conlaw/2009/06/nh-samesex-marriage-becomes-law.html

Current Affairs, Family, Federalism, Sexual Orientation, Sexuality, State Constitutional Law | Permalink

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