Victory in New Hampshire

After a roller-coaster ride on the question of marriage equality, New Hampshire adopted marriage equality on June 3, 2009, becoming the third state to adopt same-sex marriage through legislative means rather than through a ruling by the judiciary.

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The Democratic-controlled legislature passed a bill providing for equal marriage in May. Governor John Lynch, a Democrat who had earlier announced that while he supported civil unions, he was not in favor of same-sex marriage, said that he would veto the bill unless it contained explicit language exempting not only clergy from having to officiate at same-sex weddings but also stating that religious organizations would not be forced to participate in ceremonies celebrating same-sex marriages.

The Senate quickly amended the bill to include the language Governor Lynch demanded. However, the House demurred, defeating the new bill by two votes, raising questions as to whether the state would adopt same-sex marriage in 2009.

After further deliberation, the House and Senate agreed on compromise language that was acceptable to the Governor. On a 14-10 vote in the Senate and a 198-176 vote in the House, the legislature approved the bill, which was quickly signed by Governor Lynch.

In signing the bill, Lynch remarked that he had changed his previous position opposing same-sex marriage because he had come to the conclusion that "a separate system is not an equal system."

"Today," he said, "we are standing up for the liberties of same-sex couples by making clear that they will receive the same rights, responsibilities--and respect--under New Hampshire law."

Domestic Partnership in Wisconsin

In a very low-key development in 2009, Wisconsin became the first state with a constitutional ban on same-sex marriage and civil unions to adopt domestic partnerships.

Under the budget signed into law on July 1, 2009 by Democratic Governor Jim Doyle, same-sex couples are offered 43 of the more than 200 state rights and benefits extended to married couples, such as allowing domestic partners to take family and medical leave to care for a seriously ill partner, make end-of-life decisions, and have hospital visitation rights. In addition, domestic partners will be presumed to have joint tenancy rights, be able to transfer real estate without fee, and enjoy rights related to power of attorney and finances.

The domestic partnership law also allows state government workers as well as University of Wisconsin employees to include domestic partners in their group health insurance and retirement survivor benefits.

Although the domestic partnership provisions were adopted with little legislative opposition, they were challenged by the proponents of the constitutional ban on same-sex marriage in an appeal to the state supreme court. On November 4, 2009, the day after the disastrous defeat in Maine, the Wisconsin Supreme Court announced that it had declined to hear the challenge to domestic partnerships.

Veto in Hawaii / Civil Unions Finally Passed

In 2010, a civil unions bill was passed with comfortable but not veto-proof margins by Hawaii's House of Representative and Senate. The bill would have conferred on partners in civil unions all the rights and responsibilities of marriage.