Concord Monitor Online

Date: March 23, 2005
Section: Opinion
Page: B07

Equal rights for same-sex couples
Commission could find a way to end discrimination
By:   Rep. GAIL MORRISON

For the Monitor

In May 2004, the Legislature passed Senate Bill 427 setting up a commission to examine all aspects of civil marriage for same-sex couples, including its legal equivalents, and what it would all mean for the citizens of New Hampshire. Although this commission is required to submit a report by December 2005, it has met only once, for a statutorily required organizational meeting in July 2004. No meetings or hearings are scheduled.

While the commission delays, real people in New Hampshire are living with the damage caused by having no way to obtain legal recognition for their loving, committed relationships.

Take Ed Butler and Les Schoof, who have been together for 26 years. They live in Hart's Location, where they are the keepers of the Notchland Inn. During an out-of-state trip, Ed was suddenly taken ill and rushed to an emergency room. Despite decades of dedication to Ed's welfare, Les was asked to leave the emergency room because he was not "family." This does not happen to married couples but is routine for same-sex couples.

Even at moments of monumental tragedy, same-sex couples must fight for recognition of their relationships. Like so many Americans, Nancy Walsh, a mother of three who lives in Plaistow, suffered a terrible loss on September 11, 2001. Her partner of 13 years, Carol Flyzik, was on American Airlines Flight 11, which crashed into the World Trade Center.

The way Nancy was treated in the aftermath illustrates exactly how vulnerable same-sex couples are without legal standing for their relationships. The airline would not confirm that Carol had been on the flight because Nancy was not "family." She was at risk of losing the home she and her children had shared with Carol. And she had to fight to receive recognition as a survivor, and compensation from the Sept. 11 Victim Compensation Fund.

There are so many more stories about how our neighbors and friends in this state struggle to maintain their homes, secure their relationships with their children and guard their health and well-being without the protections and benefits of marriage.

Last year, 400 people came to testify about same-sex relationships at a Senate hearing. A like number came to testify at the House hearing. Clearly, the people of New Hampshire - like people all over the country - care about this issue.

Until this commission meets and does its work, we are hampered in defining the problem, let alone coming up with a solution to the real harms that arise when committed and loving couples are treated as legal strangers. There is information to be shared, and this commission has been chosen by the New Hampshire Senate and House of Representatives as the vehicle for gathering and putting to use that information.

House Bill 283, now before the House Judiciary Committee and soon to be voted on by the House, should be passed in order to activate that commission.

(Rep. Gail Morrison is from Tilton. Rep. Tony Soltani of Epsom, who chairs the legislative study commission on same-sex marriage, has scheduled a hearing and meeting of the commission April 4 at 1 p.m. A debate on same-sex marriage is scheduled at Franklin Pierce Law Center in Concord on March 30 at 5 p.m.)


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