Laws

United States of America

NEW HAMPSHIRE

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Civil Unions
  Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  Health, Medical
HIV/Aids
Homosexuality
Inheritance
In Vitro Fertilisation (IVF)
Marriage
  Parenting
Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

Please read the Disclaimer

Civil Unions, Partners Legislation/Cases/References
See also: [INHERITANCE] [MARRIAGE] [PROPERTY]
1.

State

In September 2009, couples who had already entered into civil unions could either get a marriage license for a new ceremony or – at no cost – convert the civil union to a marriage after 01 January 2010 [R1.3].

Couples wishing to convert civil unions must apply at the clerkís office where the union was recorded [R1.3].

Couples in civil unions who do not act will have their unions converted to marriages on 01 January 2011 [guaere 2010], when civil unions will be phased out [R1.3].


On New Year's Day 2008, New Hampshire became the latest US state to offer civil unions to same-sex couples [R1.2].

Civil unions provide the same rights, responsibilities and obligations as marriage, at state level.

More than 100 couples reportedly entered into civil unions within 14 days of the law coming into effect [R1.1].

R1.3 The Advocate: Gay Marriage Licenses Now in New Hampshire 08 OCT 09
R1.2 bnews: New Hampshire Unions 10 JAN 08
R1.1 MCV: 100+ Civil Unions in Two Weeks 17 JAN 08
Discrimination Legislation/Cases/References
1.

State

On 08 June 2018, Governor Chris Sununu reportedly signed into law a bill that extends protections against workplace, housing and public discrimination to transgender people [R1.6].

On 02 May 2018, the Senate voted 14-10 to pass Bill HB1319 expanding anti-discrimination law to protect transgender residents. Governor Chris Sununu is expected to sign the Bill into law [R1.5].

On 07 March 2018, the House voted 195-129 to pass HB 1319 expanding New Hampshire's anti-discrimination law to include transgender people. The Bill now goes to the Senate [R1.4].

On 30 June 2016, New Hampshire Governor Maggie Hassan signed an executive order effective immediately prohibiting discrimination on the basis of gender identity or gender expression by any state agency in employment or the administration of any state program and requiring all executive branch contract and grants contain anti-discrimination provisions [L1.3], [R1.2].

In August 2001, New Hampshire state law prohibited discrimination on the basis of sexual orientation in public and private employment [R1.1].

R1.6 MSNnews: GOP New Hampshire governor signs law banning gay conversion therapy 09 JUN 18
R1.5 NBCnews: Transgender anti-discrimination bill set to become law in New Hampshire 04 MAY 18
R1.4 Ledger-Enquirer: House approves prohibiting transgender discrimination 07 MAR 18
L1.3 Executive Order: An Order Prohibiting Discrimination on the Basis of Gender Identity or Gender Expression No. 2016-04 PDF 147.62kb 30 JUN 16
R1.2 GayStarNews: Anti-trans discrimination banned in New Hampshire 30 JUN 16
R1.1 Bloomington Herald-Times: State Adds Gays to Policy on Job Discrimination 07 AUG 01
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
See also: [DISCRIMINATION]
1.

State

On 08 June 2018, Governor Chris Sununu reportedly signed into law a bill that extends protections against workplace, housing and public discrimination to transgender people [R1.8].

On 02 May 2018, the Senate voted 14-10 to pass Bill HB1319 expanding anti-discrimination law to protect transgender residents. Governor Chris Sununu is expected to sign the Bill into law [R1.7].

On 07 March 2018, the House voted 195-129 to pass HB 1319 expanding New Hampshire's anti-discrimination law to include transgender people. The Bill now goes to the Senate [R1.6].

On 30 June 2016, New Hampshire Governor Maggie Hassan signed an executive order effective immediately prohibiting discrimination on the basis of gender identity or gender expression by any state agency in employment or the administration of any state program and requiring all executive branch contract and grants contain anti-discrimination provisions [L1.5], [R1.4].

In April 2009, the Senate Judiciary Committee voted 5–0 to reject new protections for trans people [R1.3].

Previously, the House opted to pass 188–187 a bill that would have allowed the words "gender identity" or "gender expression" to be added to current laws protecting from discrimination on the basis of sex, age, race, creed, colour, sexual orientation or religion [R1.2].

In March 2009, a Bill that would if passed protect trans and gender variant people from discrimination was introduced to the House [R1.1].

R1.8 MSNnews: GOP New Hampshire governor signs law banning gay conversion therapy 09 JUN 18
R1.7 NBCnews: Transgender anti-discrimination bill set to become law in New Hampshire 04 MAY 18
R1.6 Ledger-Enquirer: House approves prohibiting transgender discrimination 07 MAR 18
L1.5 Executive Order: An Order Prohibiting Discrimination on the Basis of Gender Identity or Gender Expression No. 2016-04 PDF 147.62kb 30 JUN 16
R1.4 GayStarNews: Anti-trans discrimination banned in New Hampshire 30 JUN 16
R1.3 PinkNews.co.uk: New Hampshire committee rejects trans protection bill 24 APR 09
R1.2 PinkNews.co.uk: New Hampshire House reverses trans discrimination decision 09 APR 09
R1.1 MCV: Transgender Protection Bill Introduced in New Hampshire 26 MAR 09
PinkNews.co.uk: New Hampshire introduces bill to protect trans people 23 MAR 09

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Harassment Legislation/Cases/References
See also: [DISCRIMINATION]
1.

State

In May 2000, the New Hampshire Legislature passed a sweeping school safety bill designed to protect all students from harassment and violence [R1.1].

R1.1 GayToday: New Hampshire Passes School Safety Bill 24 MAY 00
Health, Medical Legislation/Cases/References
1.

State

On 08 June 2018, Governor Chris Sununu reportedly signed into law a ban on gay conversion therapy for minors [R1.4].

On 19 April 2018, the Senate voted 14-10 in support of a House-passed bill HB 587, which bans the practice of attempting to change a juvenileís sexual orientation or gender identity from gay to straight through psychological or spiritual intervention. The Senate amended the bill slightly, which will require more negotiations with the House [R1.3].

On 09 January 2018, the House of Representatives failed to pass a bill banning gay conversion therapy. Both the Senate and House versions failed to pass [R1.2].

On 12 May 2016, Senate reached agreement on a bill (HB1661) to ban gay conversion therapy on minors. On 19 May, the House Non-Concurs with Senate Amendment 1974s. Bill to House Conference Committee on 24 May [R1.1].

R1.4 MSNnews: GOP New Hampshire governor signs law banning gay conversion therapy 09 JUN 18
R1.3 NewHampshireUnionLeader: Ban on gay conversion therapy clears NH Senate 19 APR 18
R1.2 GayStarNews: New Hampshire fails to pass law banning gay conversion therapy 11 JAN 18
R1.1 NECN: New Hampshire Senate Passes Bill Prohibiting Gay Conversion Therapy For Minors 13 MAY 16
Marriage Legislation/Cases/References
1.

State

On 30 April 2014, the House voted 217-119 to send Bill SB394 to the Governor. The Bill recognizes gay marriages that took place in other states prior to New Hampshire enacting its gay marriage law, civil unions, and adopts gender neutral references [R1.13].

On 01 January 2011, all civil unions in the state became marriages unless otherwise dissolved, annulled or previously converted to marriage.

On 01 January 2010, same-sex marriage became legal, replacing civil unions.

On 03 June 2009, the House approved a compromised same-sex marriage bill that was approved earlier by the Senate and Governor John Lynch signed the state's same-sex marriage bill into law, making the State the sixth where same-sex marriage is currently legal [R1.12].


On 21 March 2012, the attempt to repeal a law that made gay marriages legal in the state, failed by a vote of 116–211 in the Republican-controlled legislature [R1.11].

On 17 February 2010, the house of representatives rejected a proposed ballot initiative to define marriage as a union between one man and one woman by a margin of 201–135 [R1.10].

On 09 February 2010, the Judiciary Committee voted 12–8 recommending against repealing the state's five-week-old gay marriage law and that the House kill a proposed constitutional amendment that defines marriage as between one man and one woman [R1.9].

In December 2009, it was reported that whilst rarely, if ever enforced, 200-year-old state adultery laws impose a misdemeanor penalty of a fine up to $1,200 on convicted adulterers [R1.8].

In October 2009, same-sex couples could apply for marriage licenses in New Hampshire (valid for 90 days, cost $45), although ceremonies cannot be performed until the new law takes effect on 01 January 2010 [R1.7].

On 29 May 2009, House and Senate negotiators agreed further amendments to the "gay marriage" Bill, effectively granting churches exemption from providing insurance and other benefits and services to same-sex partners of employees [R1.6].

On 20 May 2009, the Senate approved an amended bill to allow gay marriage 14–10 but the House of Representatives voted it down by 188 votes to 186 [R1.5].

In May 2009, governor John Lynch signalled he will sign a bill legalising gay marriage in the state, despite his personal objections [R1.4].

In April 2009, the Senate passed a bill to allow gay marriage. It went to Democrat Governor John Lynch, who had not yet signalled whether he will sign it [R1.3].

In March 2009, the State House voted to approve gay marriage. The Bill progressed to the Senate. Governor Jim Douglas announced his intention to veto the gay marriage bill if passed [R1.2].

In May 2004, Gov. Craig Benson signed a bill blocking recognition of same-sex marriages performed by other states [R1.1].

In 1997 the law in New Hampshire was amended to prohibit marriages between same-sex couples.

2.

Courts & Tribunals

On 19 August 2016, the Supreme Court in the ''In the Matter of Deborah Munson and Coralee Beal'' divorce case held that the court may consider premarital cohabitation applies to all divorce proceedings finding that there was no reason why (state law) RSA 458:16-a, II(o), which broadly permits the trial court to consider 'any other factor that (it) deems relevant', would not permit the court to consider premarital cohabitation. The Court remanded the case for further proceedings [C2.6], [R2.5].

.

On 02 December 2015, in a ruling likely to be applied to same-sex couples, the State Supreme Court upheld the lower court ruling that the 2014 divorce granted to Terrie Harmon and her ex-husband, Thomas McCarron could not be vacated, despite their having reconciled and living as a couple once more [C2.4], [R2.3].

.

In November 2003, the New Hampshire Supreme Court justices ruled that a married partner who was alleged to have had a sexual relationship with another person of the same gender cannot legally be accused of having committed adultery, within the ambit of the 1791 adultery statute [C2.2, R2.1].

R1.13 TimesUnion: New Hampshire House clarifies gay marriage law 30 APR 14
R1.12 The Advocate: New Hampshire Passes Marriage Bill 03 JUN 09
R1.11 Reuters UK: New Hampshire gay marriage repeal fails 21 MAR 12
R1.10 365Gay.com: New Hampshire lawmakers defeat marriage bills 22 FEB 10
The Advocate: New Hampshire House Rejects Gay Marriage Ban 17 FEB 10
R1.9 365gay.com: New Hampshire panel recommends against gay marriage repeal 09 FEB 10
R1.8 365Gay.com: Adultery still crime in NH after 200 years 14 DEC 09
R1.7 The Advocate: Gay Marriage Licenses Now in New Hampshire 08 OCT 09
R1.6 The Advocate: NH Compromises on Marriage Bill 29 MAY 09
R1.5 PinkNews.co.uk: New Hampshire gay marriage bill stalls 21 MAY 09
R1.4 PinkNews.co.uk: New Hampshire governor to sign gay marriage bill 15 MAY 09
R1.3 PinkNews.co.uk: New Hampshire Senate passes gay marriage bill 30 APR 09
R1.2 PinkNews.co.uk: New Hampshire House votes to approve gay marriage 26 MAR 09
R1.1 Associated Press: New Hampshire Governor Signs Bill Blocking Gay Marriage 14 MAY 04
365Gay.com: New Hampshire House Passes Gay Marriage Ban 29 APR 04
2. Courts & Tribunals
C2.6 Opinion: In the Matter of Deborah Munson and Coralee Beal No. 2015-0253 PDF 106.67kb 19 AUG 16
R2.5 ConcordMonitor: New Hampshire Supreme Court says divorce courts should consider premarital cohabitation 28 AUG 16
C2.4 Opinion: In the matter of Terrie Harman and Thomas McCarron No. 2015-0273 PDF 71.73kb 02 DEC 15
R2.3 WMUR9: Court rules couples cannot undo divorces in New Hampshire 26 DEC 15
C2.2 David Blanchflower -v- Sian Blanchflower and Robin Mayer
R2.1 The Advocate: New Hampshire High Court says Lesbian Sex Not Adultery 12 NOV 03
Concord Monitor: State Supreme Court hears gay adultery arguments 21 JUL 03
Parenting: Adoption, Fostering Legislation/Cases/References
1.

State

The state's adoption law allows gay couples to jointly adopt using the same process as married couples [R1.4].

Previously:

In February 2001, a committee of the New Hampshire house of representatives held hearings on a bill to allow gay couples to adopt. The state legislature repealed the stateís ban on gay adoption two years ago, but under current law children can be adopted only by married couples or individuals. Children in homes of unmarried couples can be removed if the partner who adopted the child dies [R1.3].

In May 1999, Governor Jeanne Shaheen signed a law repealing the stateís ban on gays adopting and being foster parents with effect from 02 July [R1.2].

In March 1999, the House voted to end an 11-year ban on homosexuals becoming foster or adoptive parents [R1.1].

2.

Courts & Tribunals

On 02 July 2014, the State Supreme Court ruled that Susan, the nom-biological ex-partner of a 12-year-old girl's mother Melissa, had made her case to be considered a parent under the law, ruling that the Uniform Parentage Act “is based on a personís conduct, not a biological connection” [C2.2], [R2.1].

R1.4 Washington Post: Gay Couples and Adoption 24 JUL 01
R1.3 The Advocate: New Hampshire Legislature Takes Up Adoption by Gay Couples 02 FEB 01
R1.2 Foster's Daily Democrat: Governor Signs Law Ending Ban on Gay Adoption, Foster Care 04 MAY 99
R1.1 Nashua NH Telegraph: Bill Passed Easing Adoption for Gays 19 MAR 99
C2.2 Opinion: In Re Guardianship of Madelyn B. Nos. 2013-403, 445, 593 PDF 95.36kb, 02 JUL 14
R2.1 EdgeOnTheNet: New Hampshire Court Sides With Ex-Partner of Girlís Birth Mother 02 JUL 14

GayLawNet®™ "Exclusive" Sponsorship of this page IS available