NH Civil Unions a reality

(Concord, New Hampshire) Dozens of gay and lesbian couples entered into civil unions in New Hampshire in the early moments of New Year's Day as a new state law legalized such arrangements after midnight.

Organizers said they checked in 37 couples for an outdoor ceremony on the plaza of the New Hampshire Statehouse - the building where the law was adopted and signed in 2007. Participants bundled up against below-freezing temperatures.

"We've been together 20 years; we've been waiting for this moment for 20 years; finally the state will recognize us as we are," said Julie Bernier, who posed for photos on the Statehouse steps with partner Joan Andresen before the ceremony. Bernier and Andresen, who both work at Plymouth State University, never sought a commitment ceremony or other symbolic recognition of their relationship before Tuesday.

"I didn't believe in doing it until it meant something," Bernier said.

"We really didn't believe that we'd be able to see this accomplished within one year but it has happened," state Rep. Jim Splaine, a sponsor of the civil unions bill, told the cheering crowd of about 200. "One thing we have to keep in mind is that there is much more to do. We have to continue the journey to make sure that we have marriage equality, full marriage equality - with the word marriage - soon."

New Hampshire's civil unions law - enacted by the Democrat-dominated Legislature early last year and signed by Democratic Gov. John Lynch in May, gives same sex couples the same rights, responsibilities and obligations of marriage without calling the union a marriage. New Hampshire is the fourth state in the nation to allow civil unions and the first to do so without a court decision or the threat of one.

New Hampshire follows Vermont, Connecticut and New Jersey in allowing civil unions. Massachusetts is the only state that allows marriage. New Hampshire estimates that as many as 3,500 to 4,000 civil unions will be performed this first year.

New Hampshire Supreme Court: Gay sex not adulterous

Last week the New Hampshire Supreme Court handed down a ruling in a divorce case that precluded the petitioner from amending the original grounds for divorce — that old chestnut irreconcilable differences — to adultery based on the fact that his wife had carried on an affair with a woman. But since no penis insertions could be performed between the women, it wasn’t adulterous behavior.

The plain and ordinary meaning of adultery is “voluntary sexual intercourse between a married man and someone other than his wife or between a married woman and someone other than her husband.” Webster’s Third New International Dictionary 30 (unabridged ed. 1961). Although the definition does not specifically state that the “someone” with whom one commits adultery must be of the opposite gender, it does require sexual intercourse.

The plain and ordinary meaning of sexual intercourse is “sexual connection esp. between humans: COITUS, COPULATION.” Webster’s Third New International Dictionary 2082. Coitus is defined to require “insertion of the penis in the vagina[],” Webster’s Third New International Dictionary 441, which clearly can only take place between persons of the opposite gender.

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