HB 260 - AS INTRODUCED

1997 SESSION

HOUSE BILL 260

AN ACT defining "marriage" to mean a legal union between one man and one woman as husband and wife.

SPONSORS: Rep. Mirski, Graf 12

COMMITTEE: Judiciary and Family Law

ANALYSIS

This bill provides that the term "marriage" means a legal union between one man and one woman as husband and wife.

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

STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Seven

AN ACT defining "marriage" to mean a legal union between one man and one woman as husband and wife.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statement of Intent.

I. The state has no interest in regulating, in any way, the elective relationships between consenting adults. Conversely, the state has no right to enact laws which would serve the special interests of elective relationships.

II. The intent of government as defined in part I, article 10 of the New Hampshire constitution clearly disparages any act by the state which would serve special interests by providing that "[g]overnment [was] instituted for the common benefit... and security of the whole community, and not for the private interest or emolument of any one man, family or class of men . . ." and further provides that, if government fails in this regard, the people have both the right and obligation to "reform the old, or establish a new government." The serious remedy reflects the seriousness of purpose.

III. It is in the interest of the state to maintain a population of sufficient numbers to support the provision of essential services, and to sustain economic growth and social tranquillity. It is also in the interest of the state to encourage formal heterosexual unions which will produce children. Marriage, as a state-sanctioned institution, is meant to serve the interests of children by providing a positive environment for the propagation and rearing of children. Marriage between heterosexual individuals focuses generational interest in and upon children. This focus gives meaning and purpose to labor and to creating social order. The inducements that the state provides to men and women to become married are meant to serve these ends.

IV. A certain amount of interest has been expressed in various parts of the country to recognize same-gender marriages. Recognition and sanction of same-gender marriages would provide financial and social benefits to same-gender couples without concomitant benefit to society at large. In this context, providing state benefits to same-gender marriages would amount to providing special treatment and emolument to private individuals, and would be unconstitutional.

V. The purpose of this act is to clarify the definition of "marriage" in state law to prevent the misuse of the institution to serve special interests.

2 New Section; "Marriage" Defined. Amend RSA 457 by inserting after section 2 the following new section:

457:2-a "Marriage" Defined. "Marriage" means a legal union between one man and one woman as husband and wife.

3 Effective Date. This act shall take effect January 1, 1998.