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Bar News - May 3, 2002


Redefining Marriage in Society

By:
 

Barbara A. Dawson, a second-year FPLC student, served her PIC Fellowship at the New Hampshire Freedom to Marry Coalition.

I decided to go to law school because I wanted to be part of something that would ultimately provide a way to make changes in our society. Our first year constitutional law professor challenged us, "It is up to your generation to tackle the next set of issues." Sexual orientation and what it means from a legal perspective was one of those issues.

It is apparent as you listen to the radio, watch television and read the paper that there have been several recent efforts to redefine marriage in our society. Marriage is a gateway to over a thousand rights and responsibilities on the federal level and hundreds on the state level.

Vermont has legally redefined marriage through its civil union law. A civil union in Vermont is a comprehensive legal status parallel to civil marriage for all purposes under Vermont state law. Thus, under Vermont law, all legal rights that apply to "family," "immediate family," "dependent," and "next of kin" also apply to spouses in a civil union. Our neighbors in Vermont have a legal protection that New Hampshire does not. Our basic freedoms as Americans do not expire when we cross state lines, yet crossing that state line is a painful and unfair reality to many New Hampshire citizens.

My responsibility at the NH Freedom to Marry Coalition was to read and analyze the New Hampshire statutes to locate those that identified the "rights and responsibilities" of marriage. Here are a few of the identified benefits denied same-gender couples: care of spouse's bodily remains upon death; exemption from the Legacy & Succession Tax; option to file joint tax returns; spousal visitation in hospitals; and family medical and bereavement leave. Same-gender couples must abide by the same rules and laws as everyone else, so why should they not also benefit from certain laws? A religious marriage is an option for same-gender couples when their community of faith recognizes their marriage. However, the state of New Hampshire does not recognize those marriages.

I prepared a list of rights granted married people in New Hampshire and met with the coalition's board as it examined the list and determined strategies for its use. Potential avenues for dissemination include educational outreach, media support material, fundraising and legislative action. Discussion at meetings sought answers to questions such as: How do we raise more funds? What grants are available? How do we reach rural communities? Do we respond to a newspaper editorial? What is the legislative pulse? Where can we find sponsorship for this issue? What are the ramifications of introducing action now? And what will the consequences be if a bill is defeated?

The 1990 Census listed 658 same-gender "spousal" households in NH. In 2000, there were 2,703. Clearly, there is a need in New Hampshire for new legislation regarding a "legal" marriage that will provide and protect all of the state's citizens. The New Hampshire state motto, "Live Free or Die," is proudly displayed on license plates. New Hampshire motorists who cross state lines advertise to other states that New Hampshire values living free. Same-gender couples seeking legal marriage are common people with a common purpose... to live free.

Frederick Douglas wrote: "If there is no struggle, there is no progress. Those who profess to favor freedom and yet deprecate agitation...want crops without plowing up the ground; they want rain without thunder and lightning. They want the ocean without the awful roar of its waters."

The civil rights movement is long-term. The experience I had this summer has deepened my commitment to the pursuit of justice and equality.

 

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