LGBT rights in New Hampshire
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LGBT rights in New Hampshire refers to the civil rights specifically relating to lesbian, gay, bisexual and transgender individuals in the US state of New Hampshire.
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[edit] Adoption
New Hampshire law allows a person, regardless of their actual or perceived sexual orientation, to adopt in New Hampshire. A law banning adoptions by gay parents was repealed in 1999.[1]
The allowance of adoption by same-sex couples or second-parents depends on the county an individual resides in. A 1987 state Supreme Court ruling by Justice David Souter stated that adoption laws are designed to give children one home "that is unified and stable." Subsequent interpretation of this ruling and other state laws by judges has varied, thus resulting in different rulings by county judges. As of 2006, adoption by same-sex couples was not approved by probate courts in four of the state's ten counties: Hillsborough, Merrimack, Grafton and Cheshire.[1]
[edit] Donor insemination and surrogacy
New Hampshire law allows any woman to undergo donor insemination. State law allows both married couples and civil unioned couples to enter into contractual agreements regarding surrogacy, if all contracting parties are at least 21 years of age and follow the rules set forth in the state statutes.[2][3]
[edit] Non-discrimination, hate crime legislation, and gender identity
New Hampshire law protects individuals from discrimination based on sexual orientation in "accommodations, housing, and private and public employment."[3] New Hampshire law covers hate crimes based on sexual orientation where sexual orientation is addressed in state statutes as "having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality."[3] Under New Hampshire law, individuals who have undergone sex reassignment surgery will be issued new birth certificates.[3]
[edit] Relationship recognition
Same-sex marriage in New Hampshire is prohibited by state statute. Civil unions have been provided since January 1, 2008.
[edit] Civil unions
Civil unions are only available to same-sex couples in New Hampshire. On April 4, 2007, the NH House passed a civil unions bill HB437 with a vote of 243 to 129 which, if the bill were made law, would imbue partners in same-sex civil unions with the same "rights, responsibilities and obligations" as heterosexual couples in marriages.[4] On April 26, 2007, the NH State Senate approved the civil unions bill 14-10 along political party lines.[5]
NH Governor John Lynch, who opposes same-sex marriage but indicated that he was receptive to discussing civil unions as a means of granting certain rights to same-sex couples,[6] signed the bill into law on May 31, 2007, making New Hampshire "...the first state to embrace same-sex unions without a court order or the threat of one."[7] The law has been in effect since January 1, 2008.
As of mid-May 2008, over 300 same-sex couples have formed a New Hampshire civil union.[8]
[edit] Same-sex marriage
State law in New Hampshire does not allow marriages between same-sex couples.[9] Since January 1, 2008, state law recognizes same-sex marriages performed in other jurisdictions as civil unions, provided that the relationship does not violate the prohibitions of New Hampshire's civil unions law.[10]
[edit] Age of consent
The age of consent in New Hampshire is equal at 16, regardless of sexual orientation and/or gender. The age of consent is 18, if the relationship is between two individuals where one is under the care, guardianship and/or authority of the other.[11][12] Legislation against Sodomy was repealed in 1975.[3]
- See also: Sodomy law
[edit] See also
[edit] References
- ^ a b Associated Press. (10 April 2006) Gay adoption policies vary by county in N.H The Boston Globe. Accessed 24 April 2007.
- ^ Title XII: Chapter 168-B: Surrogacy NH RSA. Accessed 3 February 2007.
- ^ a b c d e Human Rights Campaign. New Hampshire State Laws Human Rights Campaign. Accessed 24 April 2007.
- ^ Moskowitz, Eric. (5 April 2007) N.H. House passes civil unions Concord Monitor. Accessed 11 April 2007.
- ^ Wang, Beverley. (26 April 2007) State Senate approves civil unions for same-sex couples Concord Monitor. Accessed 26 April 2007.
- ^ Liebowitz, Sarah. (5 March 2007) Gay unions could gain support Concord Monitor. Accessed 11 April 2007.
- ^ AP. (31 May 2007) Lynch signs bill legalizing civil unions. Concord Monitor. Accesed 31 May 2007.
- ^ AP. (16 May 2008) NH gay rights advocates react to CA legalizing gay marriage New Hampshire Union Leader. Accessed 16 May 2008.
- ^ Wang, Beverly. (21 March 2006) House votes down proposed amendment to ban gay marriage The Boston Globe. Accessed 27 April 2007.
- ^ (4 April 2007) House Bill: 437-FN-LOCAL New Hampshire General Court (State Legislature). Accessed 29 August 2007.
- ^ Title LXII of the NH Criminal Code: Chapter 632-A:3, Sexual Assault and Related Offenses
- ^ Title LXII of the NH Criminal Code: Chapter 632-A:2, Sexual Assault and Related Offenses
[edit] External links
- New Hampshire State Laws regarding LGBT rights by Human Rights Campaign
- State drops fight over benefits for same-sex couples in Concord Monitor on 8 May 2007.
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