Bill Text - HB684 (2009)

Allowing persons of the opposite sex to enter civil unions, eliminating certain prohibitions on same-sex civil unions, and clarifying that no person shall be a party to both a civil union and a marriage, unless the parties to the marriage are legally separated.


Revision: Jan. 27, 2009, midnight

HB 684 – AS INTRODUCED

2009 SESSION

09-0161

09/03

HOUSE BILL 684

AN ACT allowing persons of the opposite sex to enter civil unions, eliminating certain prohibitions on same-sex civil unions, and clarifying that no person shall be a party to both a civil union and a marriage, unless the parties to the marriage are legally separated.

SPONSORS: Rep. Rowe, Hills 6

COMMITTEE: Judiciary

ANALYSIS

This bill allows persons of the opposite sex to enter civil unions. This bill eliminates certain prohibitions on same-sex civil unions. The bill also establishes that no person shall be a party to both a civil union and a marriage, unless the parties to the marriage are legally separated.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0161

09/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT allowing persons of the opposite sex to enter civil unions, eliminating certain prohibitions on same-sex civil unions, and clarifying that no person shall be a party to both a civil union and a marriage, unless the parties to the marriage are legally separated.

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

1 State Recognition of Civil Unions; Purpose. Amend RSA 457-A:1 to read as follows:

457-A:1 State Recognition of Civil Unions; Purpose. The state of New Hampshire recognizes the civil union between [one man and another man or one woman and another woman] 2 parties, regardless of gender. The purpose of this chapter is to delineate the rights, obligations, and responsibilities of parties entering a civil union, to establish a process by which the civil union is established, and to provide a process for the dissolution of a civil union.

2 Requisites; Requirements. Amend RSA 457-A:2 to read as follows:

457-A:2 Requisites. Parties entering into a civil union shall be subject to the same requirements and conditions as contained in RSA 457 except that parties of the same sex who enter a civil union shall not be subject to the prohibitions in RSA 457:1 and RSA 457:2, provided that civil unions shall only be allowed between [one unmarried man and another unmarried man both of whom are at least 18 years of age or one unmarried woman and another unmarried woman both of whom] persons who are at least 18 years of age, [subject to the prohibitions in RSA 457-A:3 and RSA 457-A:4] and provided that they are not in another civil union or in a marriage unless the parties to such marriage are legally separated. No person shall be a party to both a civil union and a marriage unless the parties to such marriage are legally separated.

3 Repeal. The following are repealed:

I. RSA 457-A:3, relative to civil unions prohibited; men.

II. RSA 457-A:4, relative to civil unions prohibited; women.

4 Effective Date. This act shall take effect January 1, 2010.