CHAPTER 160
SB 394 – FINAL VERSION
2014 SESSION
05/10
SENATE BILL 394
AN ACT relative to the recognition of out-of-state marriages, uniform marriage recognition law, civil union recognition, and gender neutral references.
SPONSORS: Sen. Lasky, Dist 13; Sen. Woodburn, Dist 1; Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21; Sen. Reagan, Dist 17; Rep. Weber, Ches 1; Rep. Hackel, Hills 29; Rep. M. Smith, Straf 6
This bill clarifies statutes governing recognition of civil unions and marriages entered into by same-sex couples. The bill also provides that gender-specific terms related to marital or familial relationships shall be construed to be gender-neutral for all purposes.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2777
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to the recognition of out-of-state marriages, uniform marriage recognition law, civil union recognition, and gender neutral references.
Be it Enacted by the Senate and House of Representatives in General Court convened:
160:1 Recognition of Out-of-State Marriages. Amend RSA 457:3 to read as follows:
457:3 Recognition of Out-of-State Marriages. Every marriage legally contracted outside the state of New Hampshire, which would not be prohibited under RSA 457:2 if contracted in New Hampshire, shall be recognized as valid in this state for all purposes if or once the contracting parties are or become permanent residents of this state subsequent to such marriage, and the issue of any such marriage shall be legitimate. Marriages legally contracted outside the state of New Hampshire which would be prohibited under RSA 457:2 if contracted in New Hampshire shall not be legally recognized in this state. Any marriage of New Hampshire residents recognized as valid in the state prior to the effective date of this section shall continue to be recognized as valid on or after the effective date of this section. Notwithstanding anything in this statute or the provisions of RSA 457:43 to the contrary, any marriage of a same-sex couple lawfully contracted outside New Hampshire shall be recognized in New Hampshire as of the date of its solemnization.
160:2 Uniform Marriage Recognition Law. RSA 457:44 is repealed and reenacted to read as follows:
457:44 Nonresidents; Recognition of Same-Sex Marriage. Any marriage of a same-sex couple contracted in this state on or after January 1, 2010 by a party residing or intending to reside in another jurisdiction is valid and legitimate as of the date of its solemnization.
160:3 Civil Union Recognition; Obtaining Legal Status of Marriage. Amend RSA 457:45 to read as follows:
457:45 Civil Union Recognition. A civil union legally contracted outside of New Hampshire, or any legal union other than a marriage that provides substantially the same rights, benefits and responsibilities as a marriage that is legally contracted outside of New Hampshire, shall be recognized as a marriage in this state, and any person in such legal union contracted outside of New Hampshire may also marry the same party in New Hampshire without the dissolution of such legal union, provided that the relationship does not violate the prohibitions of this chapter.
160:4 Number; Gender. Amend RSA 21:3 to read as follows:
21:3 Number; Gender. Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may extend and be applied to females. Gender-specific terms relating to the marital relationship or familial relationships, including without limitation, “spouse,” “family,” “marriage,” “immediate family,” “dependent,” “next of kin,” “man,” “woman,” “groom,” “bride,” “husband,” “wife,” “widow,” or “widower,” shall be construed to be gender-neutral for all purposes throughout New Hampshire law, whether in statute, state administrative or court rule, policy, common law, or any other source of civil state law.
160:5 Effective Date. This act shall take effect upon its passage.
Approved: July 10, 2014
Effective Date: July 10, 2014