[2ND UPDATE: Thursday's marriage equality developments in New Hampshire are discussed in another post here at Law Dork, 2.0.]
[UPDATE: As discussed elsewhere, the original Union Leader reporting was incorrect (as detailed in today's Union Leader article), and the bill has not yet even been presented to the Governor. As such, the 5-day clock has not yet begun. So, still no marriage in NH. Also, thanks, Towleroad, for the link!]
According to Article 44 of the New Hampshire Constitution:
Every bill which shall have passed both houses of the general court, shall, before it becomes a law, be presented to the governor, if he approves, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it; if after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two-thirds of that house, it shall become a law. . . . If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it unless the legislature, by their adjournment, prevent its return, in which case it shall not be a law.
The Union Leader, by way of The New Civil Rights Movement, has reported on May 7 that the bill, the Senate version of which was passed by the House on May 6, was sent to the Governor on May 6:
Gay marriage bill: All eyes on Lynch
By TOM FAHEY
State House Bureau Chief
Thursday, May. 7, 2009
CONCORD – The New Hampshire House yesterday sent the gay marriage bill to Gov. John Lynch for signature, voting to agree with Senate changes to the bill.
Although I am no stranger to bill-signing-days-counting disputes, the five days — if the Union Leader report is correct — were May 7, 8, 9, 11 and 12. Accordingly, at midnight, the marriage equality bill has become “law in like manner as if he had signed it.”
The Union Leader is here; the New Hampshire government’s site is here. Neither yet reflect any change. The only relevant mention I could find is a notation in the Bill Status section of the legislature’s Web site of:
| Status | PASSED / ADOPTED WITH AMENDMENT | |
| Status Date | 5/12/2009 |
This notice is in addition to the notice of the House’s concurrence on 5/6/2009.
As such, and in addition to the text of the Constitution, it would appear that marriage is law in New Hampshire if the bill was presented to the Governor on May 6, as the Union Leader reported.
In any event, I’m sure we will see in the morning what has happened.
Thanks to David Badash at The New Civil Rights Movement for the heads-up about this possibility.
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Chris Geidner is the award-winning senior political editor at D.C.'s Metro Weekly and has written for The Atlantic Online, The American Prospect, Advocate.com, Salon and other publications, as well as at his blog, Law Dork. In 2011, he received the Excellence in News Writing Award from the National Lesbian and Gay Journalists Association for his coverage of "Don't Ask, Don't Tell" repeal. Prior to moving to D.C. in 2009, he served as an attorney on the senior staff at the Ohio Attorney General's Office and had earlier worked for a leading Columbus law firm. An extended biography can be found
According to Baptist Press, the bill has not formally his Lynch’s desk yet:
http://www.sbcbaptistpress.org/BPnews.asp?ID=30471
That’s the only place I can find it mentioned.
Passed with what type of amendment?