Thursday, May 14, 2009

NH Gov to sign gay marriage bill, with one addition

Gov. Lynch of New Hampshire will sign the gay marriage bill, legalizing gay marriage in that state, as long as there are explicit protections for religious groups. New Hampshire Public Radio reports the actual language, which includes the following:

Notwithstanding any other provision of law, a religious organization, association, or society, or any individual who is managed, directed, or supervised by or in conjunction with a 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 not be required to provide services, accommodations, advantages, facilities, goods or privileges to an individual if such request for such services, accommodations, advantages, facilities, goods or privileges is related to the solemnization of a marriage, the celebration of a marriage, or the promotion of marriage through religious counseling, programs, courses, retreats, or housing designated for married individuals, and such solemnization, celebration, or promotion of marriage is in violation of their religious beliefs and faith. Any refusal to provide services, accommodations, advantages, facilities, goods or privileges in accordance with this section shall not create any civil claim or cause of action or result in any state action to penalize or withhold benefits from such religious organization, association or society, or any individual who is managed, directed, or supervised by or in conjunction with a 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.

Now, there are three points to this text that I notice. First, is the persistent use of the term "religious organization"; and second, a very precise specification of people who have a formal relationship with that organization. What I get from this , is that any exceptions that are covered in this text that allow someone to deny service or accommodation, are specifically limited to formal religious groups and their direct affiliates and employees. That means, the average man on the street who may be a member of this religious organization but is not acting as their agent (for example, someone at the florist) is not covered by the exemptions and therefore not excused from providing service under usual anti-discrimination laws. Third, this text is very specific about its limitation to marriage-related services.

SO, my understanding (and I'm sure legally minded readers will correct me if I'm wrong) is that this text allows any religious group and their formal affiliates to deny marriage associated services to anyone they choose. Which I believe, is a right they already had for the most part.

In any case, I can live with it.

Note: most of my gay-rights related posts are now over at Gay Married Californian; I will cross post occasionally when things are related to religious issues, but this way I won't dominate the conversation here with one issue. Conversely, that is a one-issue blog. I will continue to post here on other topics.

4 comments:

Cany said...

IT: It looks to me like it does you.

What will be might interesting is watching the religious folks go nuts anyway. Wonder if they are (collectively) busy dreaming things up right now...

IT said...

Well, this religious freedom meme has always been a red herring. As Fr Jake used to point out, any priest is perfectly free to refuse to marry anyone. But if it makes them happier to spell it out , fine. I can only hope it takes the air out of their sails a bit.

My main frustration right now is the idea that we're going back to battle in CA for 2010. $80 million in the last election, who knows how much in the next one. And SO MANY other things that we could use that money for, that would actually take care of people and actual needs....

Jim Pratt said...

IT: I agree with you and with Cany on your assessment, with one little exception.

The language does allow a non-profit housing corporation which is affiliated with and controlled by a church to discriminate against same-sex couples (the provision of "housing designated for married individuals"). But I would not worry about this too much, as I think in just about every case this law would be trumped by federal law requiring non-discrimination in housing (since just about all non-profit housing relies on funding from HUD).

IT said...

Thanks, Jim.