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View Diary: Brace yourselves: we have a war on our hands... (345 comments)

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  •  I don't know law at all (3+ / 0-)
    Recommended by:
    neroden, VClib, sfbob

    In fact I am a little embarrassed, perhaps I should preface my comments with "IANAL" :)

    But I think it matters enormously that it was NH's LEGISLATURE, not a court, that determined that homosexual relationships are to be considered covered by the fundamental right to marry. That gives homosexuals a stronger base from which to argue-- that at least within the borders of NH, that homosexual relationships are non-different from heterosexual ones in regards to the right found in Loving. The legislature, through the normal political process, declared that homosexual relationships ARE MARRIAGE. It made that finding through legislative fact-finding, debates, etc. It went through a lengthy process to make this determination, that homosexual relationships are non-different from hetero ones and therefore homosexuals, as a minority, have the same right of marriage as heterosexuals.

    Essentially, the genie is out of the bottle. Once NH's legislature made this finding, and changed its marriage laws accordingly, homosexuals from that point forward had the same fundamental right to marry as heterosexuals-- the same right protected in Loving and other marriage cases.

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