Added: Morganne Brandow - Date: 14.02.2022 23:03 - Views: 46836 - Clicks: 2845
The bill became effective January 1, , simultaneously ending the availability of New Hampshire civil unions on the same date. On January 1, , all existing New Hampshire civil unions were transformed into marriages. Four years later, in Obergefell v. Hodges S. Supreme Court made marriage equality a reality nationwide when it held that the U. Constitution guarantees same-sex couples the right to marry. Post- Obergefell , all 50 states are required to issue marriage s to same-sex couples, and all states must respect the marriages of same-sex couples performed in other jurisdictions.
New Hampshire will respect the legal marriages of same-sex couples regardless of where the marriage was performed, just as all states will now respect the marriage of a same-sex couple married in New Hampshire. United States Happily, in the U. OPM F. GLAD was also responsible for coordinating the Windsor amici briefs. Unfortunately, one issue that has yet to be definitively resolved by Windsor and Obergefell concerns spousal benefits and self-insured health plans. While New Hampshire state law prohibits discrimination based on sexual orientation, self-insured health plans are governed by federal law.
Title VII, the federal anti-discrimination statute, only prohibits discrimination based on race, color, religion, sex, or national origin—sexual orientation is not explicitly included. As a result, some self-insured employers claim they can legally deny benefits to same-sex spouses. Luckily, this issue is far from settled.
Recently, the U. Foxx , Agency No. If your employer is discriminating against you in spousal healthcare benefits on the basis of sexual orientation, contact GLAD Answers. After Obergefell v. Hodges , same-sex spouses everywhere should be able to dissolve their marriages on the same terms as different-sex spouses. New Hampshire explicitly applies its divorce statutes to same-sex couples see , e. LEXIS applying divorce statute to a same-sex couple.
Unfortunately for spouses whose partnership pre-dates marriage equality, the length of the marriage may not accurately reflect the true length of the relationship, resulting in an unbalanced division of assets. LEXIS , addressed this issue and ruled that a judge may consider premarital cohabitation when dividing marital property. If you are going through divorce proceedings in New Hampshire and believe your division of assets may be unfairly affected by length of marriage, contact Glad Answers.
Effective January 1, , New Hampshire stopped issuing civil union s. Civil unions from other states were not converted into marriages, but will still be recognized and afforded all the same state protections and responsibilities as marriage. Leave us a detailed voic and we will respond within 2 weeks. Leaving an address will help us to schedule a call back. Please fill out the form below to let us know how we can help with information or referrals.
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New Hampshire's Unique, Complicated Path To Same-Sex Marriage