Splaine: Marriage equality is protected − for now
One of my best moments as a New Hampshire legislator was a warm June day in 2009, standing behind Gov. John Lynch in a room filled with 200 onlookers as he signed House Bill 436, adopting marriage equality. At that moment, ours became just the fifth state to affirm same-sex marriage rights. It came after a long battle led by thousands of citizens fighting for equality.
Earlier this month, Congress passed the Respect for Marriage Act. Among other actions, it repeals the 1996 Defense of Marriage Act, and while it does not specifically legalize same-sex marriages across the country, it does require that all states recognize a couple as married if their marriage was valid in the state where it was performed. It also applies to interracial marriage, which the U.S. Supreme Court endorsed in 1967 with the Loving v. Virginia decision.
Same-sex marriage was determined legal by the 2015 Supreme Court decision of Obergefell v. Hodges on June 26th. Coincidentally, that ruling which legalized marriage equality nationwide was announced the day before Portsmouth's first Pride Day, which quickly and overnight turned into a celebration in Market Square as 3,000 people gathered.
The legislation this month, sponsored by Chris Pappas, our state's first openly gay U.S. representative, was passed in a bipartisan vote of 258-161 in the House, and 61-36 in the Senate. Thirty-nine Republican representatives joined all Democrats to pass it in the House, and 12 Republicans voted with all Democratic senators.
What has made this action so important was this past year's decision of a 6-3 conservative Supreme Court that ended the 1973 Roe v. Wade ruling that had allowed women's choice in abortion. It became clear that no right provided for in law, and no Supreme Court decision, is forever guaranteed.
Different times, different people in power, different politics can remove rights previously given. The Roe v. Wade decision by the then-members of the Supreme Court, none of whom currently serve, decided that the right to privacy that is implied in the 14th Amendment of our U.S. Constitution had protected abortion as a basic human right. This "new" court said no.
Justice Clarence Thomas inferred that the court shouldn't stop there. He wrote that other previous decisions relying on privacy foundations should be revisited: "For this reason, in future cases, we should reconsider all of this Court's substantive due-process precedents, including Griswold, Lawrence, and Obergefell." In 1965, Griswold vs. Connecticut struck down state contraception bans, and in 2003, Lawrence v. Texas struck down state sodomy laws, thus decriminalizing same-sex relationships. With the heavy majority of the Supreme Court in the grasp of conservatives who lust for a 1950s America, we don't know what our future holds. Current conservative justices could be there for decades to come, and thus the law sponsored by Rep. Chris Pappas is vital. At least with that law, if the court removes marriage equality protections as provided by the 2015 decision, states which have adopted marriage equality in their own laws will keep it. New Hampshire along with 18 other states have such laws; 31 do not.
But we also don't have guarantees that Congress would not repeal the just-passed Respect for Marriage Act. Our rights in a democracy are guaranteed only for as long as we fight for them. With our voices. And with our votes.
For now, thanks to President Biden, Rep. Pappas, and to mostly Democrats in Congress with the help of some Republicans, marriage equality is the law of our land. And thanks to Gov. Lynch and mostly Democrats, with a few Republicans, New Hampshire law stands as a backup to combat a future decision of the Supreme Court.
For now.
Today's quotes: "Rights are won only by those who make their voices heard." − Harvey Milk, openly gay San Francisco Board of Supervisors member, assassinated at City Hall in November 1978.
“Today’s a good day. It’s a vital step toward equality for everyone.” − President Joe Biden, signing the Respect for Marriage Act, Dec. 13, 2022.
"This is important certainly from a personal perspective, but more importantly, for all those couples out there and their family members to know that their marriage will be respected by the law." − Chris Pappas, New Hampshire's first openly gay member of Congress.
Next time: The 2123 time capsule - Let the magic begin!
Jim Splaine was primary sponsor of House Bill 436 in 2009, adopting marriage equality. He has served variously since 1969 as Portsmouth assistant mayor, Police Commission member, and School Board member, as well as New Hampshire state senator and representative. He can be reached at jimsplaineportsmouth@gmail.com.
This article originally appeared on Portsmouth Herald: Splaine: Marriage equality is protected − for now
