Law Library | Attorney Advertising | Financial Services | Affiliate Program | Blawg
Find the Right Lawyer Now:
Same-Sex Marriage in New Hampshire
Types of Same-Sex Partnerships
In the U.S., there are a few categories of legally-recognized same-sex partnerships, determined by individual states.
A small minority of states (Massachusetts, Vermont, Connecticut, and Iowa) performs and recognizes same-sex marriages, with New Hampshire set to begin performing such unions on January 1, 2010.
A larger number of states, but still a minority, have a separate category of legal unions for same-sex couples, which provide some of the basic rights and responsibilities associated with marriage, but they eschew the “marriage” label, calling them “civil unions” or “domestic partnerships”.
Most states in the U.S. still do not legally recognize any form of same-sex union.
The Situation in New Hampshire
Currently, New Hampshire has a parallel system of legal unions for same-sex couples known as “civil unions”.
These legal unions provide most of the rights and responsibilities under New Hampshire state law as marriage.
However, the New Hampshire legislature recently passed a law legalizing same-sex marriage. It is set to take effect on January 1, 2010. Once it comes into effect, same-sex couples will be able to get married in New Hampshire, and enjoy the same rights as opposite-sex married couples.
The civil union system will continue to exist until January 1, 2011. During that time, couples currently in civil unions will be able to convert them to marriages. When the civil union system is finally phased out, any existing civil unions which have not been dissolved or annulled will automatically become marriages.
Federal Complications
However, there is one problem for same-sex couples who get married in New Hampshire, or any other state; the federal Defense of Marriage Act, which was signed into law in 1996 by President Clinton. Under the federal law, the federal government is prohibited from recognizing same-sex marriages, or any other legal union for same-sex couples, performed by a given state. This means that same-sex partners, even if they are legally married under the laws of a state, cannot receive any federal benefits that are dependent on marriage, including veteran’s benefits, or filing joint federal tax returns, among other things. President Obama has advocated repealing this law, but Congress has yet to take any action on the matter.
Do I Need an Attorney?
Because the situation with same-sex marriage remains in a state of flux, and the conflict with federal law can make things very complicated, it might be helpful for you to contact an experienced Family Law Attorney in New Hampshire, if you have any questions about your rights or those of your partner.
Consult a Lawyer - Present Your Case Now!
Find the Right Lawyer Now:
Did you find this article informative?
