HB 1590-FN – AS INTRODUCED
2010 SESSION
09/03
HOUSE BILL 1590-FN
AN ACT repealing same sex marriage.
SPONSORS: Rep. Baldasaro, Rock 3; Rep. Ulery, Hills 27; Rep. Gionet, Graf 3; Rep. Kappler, Rock 2; Rep. Villeneuve, Hills 18
This bill repeals same sex marriage.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2069
09/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT repealing same sex marriage.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Marriage; Marriages Prohibited; Recognition of Out-of-State Marriages. RSA 457:1 – RSA 457:3 are repealed and reenacted to read as follows:
457:1 Marriages Prohibited; Men. No man shall marry his mother, father’s sister, mother’s sister, daughter, sister, son’s daughter, daughter’s daughter, brother’s daughter, sister’s daughter, father’s brother’s daughter, mother’s brother’s daughter, father’s sister’s daughter, mother’s sister’s daughter, or any other man.
457:2 Marriages Prohibited; Women. No woman shall marry her father, father’s brother, mother’s brother, son, brother, son’s son, daughter’s son, brother’s son, sister’s son, father’s brother’s son, mother’s brother’s son, father’s sister’s son, mother’s sister’s son, or any other woman.
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 457:1 or 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 457:1 or 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.
2 Marriageable. Amend RSA 457:4 to read as follows:
457:4 Marriageable. No male below the age of 14 years and no female below the age of 13 years shall be capable of contracting a valid marriage [that is entered into by one male and one female], and all marriages contracted by such persons shall be null and void. [No male below the age of 18 and no female below the age of 18 shall be capable of contracting a valid marriage between persons of the same gender, and all marriages contracted by such persons shall be null and void.]
3 Marriage; Solemnization of Marriage. RSA 457:31 is repealed and reenacted to read as follows:
457:31 Who May Solemnize. Marriage may be solemnized by a justice of the peace as commissioned in the state; by any minister of the gospel in the state who has been ordained according to the usage of his or her denomination, resides in the state, and is in regular standing with the denomination; by any member of the clergy who is not ordained but is engaged in the service of the religious body to which he or she belongs, resides in the state, after being licensed therefor by the secretary of state; within his or her parish, by any minister residing out of the state, but having a pastoral charge wholly or partly in this state; by judges of the United States appointed pursuant to Article III of the United States Constitution; by bankruptcy judges appointed pursuant to Article I of the United States Constitution; or by United States magistrate judges appointed pursuant to federal law.
4 Solemnization of Marriage; Exceptions. RSA 457:37 is repealed and reenacted to read as follows:
457:37 Exceptions. Nothing contained in this chapter shall affect the right of Jewish Rabbis residing in this state, or of the people called Friends or Quakers, to solemnize marriages in the way usually practiced among them, and all marriages so solemnized shall be valid. Jewish Rabbis residing out of the state may obtain a special license as provided by RSA 457:32.
5 Reference Added; Marriage of Step-Children and Adopted Children. Amend RSA 5-C:46, II to read as follows:
II. The division shall issue a marriage certificate to an adopted brother and an adopted sister in the same family, unless they are also related biologically as specified in RSA 457:1 and RSA 457:2.
6 Repeal. The following are repealed:
I. RSA 100-A:2-b, relative to marriage.
II. RSA 457:31-b, relative to solemnization of marriage; applicability.
III. RSA 457:45, relative to civil union recognition.
IV. RSA 457:46, relative to obtaining legal status of marriage.
7 Effective Date. This act shall take effect January 1, 2010.
LBAO
10-2069
12/08/09
HB 1590-FN - FISCAL NOTE
AN ACT repealing same sex marriage.
FISCAL IMPACT:
The Department of State states this bill will decrease state restricted revenue by $9,000 in FY 2011 and each year thereafter and will increase state expenditures by $50,500 in FY 2011 only. There is no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of State states this bill repeals same sex marriage and does not restore civil unions. The Department has estimated annually approximately 200 same sex marriage registrations yielding $9,000 ($7,600 to the domestic violence program and $1,400 to the vital records improvement fund) of yearly restricted revenue, which would be lost with the passage of this bill. The Department states the Department of Information Technology provided an estimate of approximately $45,000 to program its computer system with the updates required by this bill. The Department also estimates the bill would require reprinting of marriage worksheets for a cost of $5,000 and mailing the updated forms to town and city clerks for a postage cost of $500.
The New Hampshire Retirement System states this bill does not change the number of individuals who qualify for System membership so it would not have an impact on employer contribution rates.