1994 SESSION 4388B

94-2707

04/08

SENATE BILL     557     

AN ACT providing that out-of-state same-gender marriages shall not be recognized as valid in New Hampshire.

SPONSORS: Sen. Wheeler, Dist 11; Rep. Cogswell, Carr 5

COMMITTEE: Judiciary

ANALYSIS

This bill provides that marriages contracted outside of this New Hampshire between persons of the same gender shall not be recognized as valid in this state.

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EXPLANATION: Matter added to current law appears in bold italics.

Matter removed from current law appears in [brackets].

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4388B

94-2707

04/08

SB 557

STATE OF NEW HAMPSHIRE

In the year of Our Lord

One Thousand Nine Hundred and Ninety-Four

AN ACT

providing that out-of-state same-gender marriages shall

not be recognized as valid in New Hampshire.

Be it Enacted by the Senate and House of

Representatives in General Court convened:

1 Same-Gender Marriages Invalid. Amend RSA 457:3 to read as follows:

457:3 Effect of Marriage. Every marriage contracted by parties within the degrees prohibited by RSA 457:1 and 457:2 is incestuous and void, and the issue of such marriage shall be deemed children born of unwed parents; provided, however, that any marriage legally contracted outside of this state by persons not domiciled in this state and valid in the jurisdiction where contracted shall be recognized as valid in this state for all purposes if or once the said contracting parties are or become permanent residents of this state subsequent to such marriage and the issue of any such marriage shall be legitimate, except marriage contracted between persons of the same gender.

2 Effective Date. This act shall take effect 60 days after its passage.