New Hampshire Governor praised for "taking religious liberty seriously"

May 14, 2009

 Today, May 14, 2009, the Governor of New Hampshire, John Lynch, refused to sign the legislature's same-sex marriage bill unless the legislature added more robust protections for religious liberty. Lynch is requiring the New Hampshire legislature to provide protections for religious organizations and people who object to same-sex marriage. The protections cover the solemnization, celebration, or promotion of same-sex marriage.

"We're glad to see the governor taking the conflict between same-sex marriage and religious liberty seriously," said Eric Rassbach, National Litigation Director of the Becket Fund for Religious Liberty. "Giving legal recognition to same-sex marriages promises to unleash a host of legal and financial penalties on those who conscientiously object to it, unless states make the effort to enact robust legal protections. Governor Lynch is to be applauded for recognizing and responding to this issue."

Governor Lynch's conscience protections go significantly further than those set forth in states such as Vermont and Connecticut. Lynch's proposal would in some instances also protect individuals as well as institutions, though it would not protect small business owners such as the New Mexico photographer who faces a fine for refusing, in accordance to her religious beliefs, to photograph a same sex union. Other states, such as Maine and Massachusetts provide no protections for conscientious objectors other than those already in the federal constitution.

The Becket Fund's mission is confined solely to religious liberty. Consequently, it takes no position on the desirability of same-sex marriage per se. Rather, in court cases around the country, the Becket Fund has argued that any legal recognition of same-sex marriage should include robust religious accommodations for those who conscientiously object to same-sex relationships. Last year, the Becket Fund published a book of scholarly research on the conflicts between same-sex marriage and religious liberty, including contributions from both supporters and opponents of same-sex marriage, entitled "Emerging Conflicts: Same-Sex Marriage and Religious Liberty (Rowman & Littlefield 2008.)

For a copy of the book or more information go to www.becketfund.org.

The Becket Fund is a public interest law firm that defends the free expression of all religious traditions.