LGBT rights in New Hampshire | |
---|---|
Status | Legal since 1975 |
Gender identity | Altering sex on birth certificate and other documents allowed |
Discrimination protections | Sexual orientation and gender identity protections (see below) |
Family rights | |
Recognition of relationships | Same-sex marriage since 2010 |
Adoption | Same-sex couples allowed to adopt |
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of New Hampshire enjoy the same rights as non-LGBT people, with most advances in LGBT rights occurring in the state within the past two decades. Same-sex sexual activity is legal in New Hampshire, and the state began offering same-sex couples the option of forming a civil union on January 1, 2008. Civil unions offered most of the same protections as marriages with respect to state law, but not the federal benefits of marriage. Same-sex marriage in New Hampshire has been legally allowed since January 1, 2010, and one year later New Hampshire's civil unions expired, with all such unions converted to marriages. New Hampshire law has also protected against discrimination based on sexual orientation since 1998 and gender identity since 2018. [1] Additionally, a conversion therapy ban on minors became effective in the state in January 2019. In effect since January 1, 2024, the archaic common-law "gay panic defence" was formally abolished; by legislation implemented within August 2023.
New Hampshire is regarded as one of the most LGBT-friendly states in the country, with recent polls finding that an overwhelming majority of New Hampshire residents support same-sex marriage and LGBT rights. [2] Effective from January 1, 2025 - sexual orientation is explicitly listed “within the expectation of privacy legislation” within New Hampshire. [3]
Legislation against sodomy was repealed in June 1975 along with other reforms. [4] The age of consent in New Hampshire is set at 16, regardless of sexual orientation or gender. The age of consent is 18 for relationships in which one party is under the care, guardianship or authority of the other. [5] [6] A 2003 New Hampshire Supreme Court ruling in Blanchflower v. Blanchflower found that adultery could not take place between two females. [7]
Same-sex marriage in New Hampshire has been legal since January 1, 2010. Civil unions had previously been recognized.
Civil unions were only available to same-sex couples in New Hampshire. On April 4, 2007, the New Hampshire House with a vote of 243 to 129 passed a civil unions bill which would imbue partners in same-sex civil unions with the same "rights, responsibilities and obligations" as heterosexual couples in marriages. [8] [9] On April 26, 2007, the New Hampshire Senate approved the civil unions bill 14-10 along political party lines. [10]
Governor John Lynch, who opposed same-sex marriage but indicated that he was receptive to discussing civil unions as a means of granting certain rights to same-sex couples, [11] signed the bill into law on May 31, 2007, making New Hampshire "... the first state to embrace same-sex unions without a court order or the threat of one." [12] The law took effect on January 1, 2008.
By mid-May 2008, over 300 same-sex couples had formed a New Hampshire civil union. [13]
Since January 1, 2010, New Hampshire has allowed same-sex couples to marry. [14] The law previously set age minimums for participants in same-sex marriages different from those in opposite-sex marriage: [15]
No male below the age of 14 years and no female below the age of 13 years shall be capable of contracting a valid marriage that is entered into by one male and one female, and all marriages contracted by such persons shall be null and void. No male below the age of 18 and no female below the age of 18 shall be capable of contracting a valid marriage between persons of the same gender, and all marriages contracted by such persons shall be null and void.
In May 2018, the New Hampshire General Court passed a bill to implement a clear minimum age of 16 with no exceptions. Originally, the bill had a minimum age of 18 for all couples, but it was reduced to 16 in committee. [16] [17] On June 18, 2018, Governor Chris Sununu signed the bill into law. [18] The law went into effect on January 1, 2019.
In April 2021, the New Hampshire Supreme Court made a ruling to recognise same-sex adultery - because of a 2009 law that recognises same-sex marriage. This reversed a previous adultery ruling. [19]
New Hampshire law allows a person, regardless of actual or perceived sexual orientation, to adopt. A law banning adoptions by gays and lesbians was repealed in 1999, allowing all single persons to adopt. [20] [21]
In 1987, a ruling by New Hampshire Supreme Court Justice David Souter stated that adoption laws are designed to give children one home "that is unified and stable." Judicial interpretations of this ruling and state laws initially varied from county to county, with some judges requiring adopting couples to be married. This resulted in inconsistency in the ability of same-sex couples, who could not legally marry, to adopt jointly. Once same-sex relationships obtained legal recognition in the state, all of New Hampshire's ten counties began allowing adoption by same-sex couples on the same terms as for opposite-sex couples.
New Hampshire law allows any woman to undergo donor insemination. The spouse of a pregnant woman is generally presumed to be the parent of her child. [22] As a result, a child born to married lesbian parents will receive a birth certificate listing both women as the legal parents. State law permits surrogacy arrangements for same-sex couples intending to become parents and allows for the use of donated eggs in conjunction with surrogacy. [22] Same-sex couples intending to become parents can receive a pre-birth order (PBO) directing that both their names be entered on the child's birth certificate when first issued. [23]
In August 2020, New Hampshire Governor Chris Sununu signed HB 1162, a law that similarly allows unmarried couples — both straight and gay — to adopt children, extends second-parent adoption to same-sex parents and mandates that a court judgment of parentage can be used to secure the parental relationships of children born through assisted reproduction. [24]
Since July 2018, New Hampshire law has explicitly protected individuals from discrimination based on both sexual orientation and gender identity in public accommodations, housing and/or any private or public employment. [25] [26] [27] Sexual orientation was included in the state's anti-discrimination law in 1998, but gender identity was not.
In 2009, a bill to add gender identity to the statute's categories passed the House on April 9 by a vote of 188–187, [28] but was defeated in the Senate on April 29 by a vote of 24–0. [29] On June 30, 2016, Governor Maggie Hassan issued an executive order to prohibit discrimination based on gender identity and gender expression in public employment, in access to state programs, and in state contracting. [30] [31] [32] In May 2018, the New Hampshire General Court passed a bill (by a vote of 195–129 in the House and 14–10 in the Senate) to include gender identity in the state's anti-discrimination law, along with race, sex, age, marital status, religion, sexual orientation, etc. Governor Chris Sununu signed the bill into law on June 8, 2018, and it went into effect 30 days later. [33] [34] [35] [36] [37] [38] Prior to passage of the anti-discrimination law in 2018, discrimination on the basis of gender identity had already been banned in the jurisdictions of Durham, [39] Derry, [40] and Newmarket. [41] The city of Portsmouth prohibited such discrimination in the public sector only (i.e. only concerning city employees). [42]
On March 13, 2014, the New Hampshire Senate unanimously approved a constitutional amendment that would have prohibited discrimination on the basis of sexual orientation. [43] [44] Its adoption required approval by 3/5 of the House of Representatives and by 2/3 of voters in the November 2014 elections. However, it was never presented to the voters.
On March 7, 2019, the state House approved a bill to prohibit discrimination based on gender identity in public accommodations, health care and jury selection. It was approved by the Senate on May 30, with an amendment. On June 13, the House concurred with the amendment. The bill was signed into law by the Governor in August 2019 and went into effect on January 1, 2020. [45]
On March 28, 2019, the state Senate approved a bill to prohibit discrimination based on sexual orientation and gender identity, amongst other categories, in all New Hampshire public schools. It was approved by the House on May 5, with an amendment, which was accepted by the Senate on June 13. The bill was signed into law by Governor Chris Sununu on 19 July, and went into effect 60 days later (i.e. September 17, 2019). [46] [47] Moreover, the state's anti-bullying law prohibits bullying on the basis of "race, color, religion, national origin, ancestry or ethnicity, sexual orientation, socio-economic status, age, physical, mental, emotional or learning disability, sex, gender identity and expression, obesity, or other distinguishing personal characteristics, or based on association with any person identified in any of the above categories." The law explicitly includes cyberbullying and harassment, and applies to all public schools and chartered public schools. [48]
New Hampshire law has covered hate crimes based on sexual orientation since 1991 and gender identity since 2019. [49] [50] On March 7, 2019, the state House approved a bill to include gender identity in the law. It was approved by the Senate on May 30, with an amendment, which the Senate accepted on June 13. The bill was signed into law by the Governor in August 2019 and went into effect 60 days later (i.e. October 15, 2019). [51] [45]
The law provides for penalty enhancements if a crime was committed on the basis of the victim's perceived or actual sexual orientation or gender identity, among other categories.
Several bills for years failed to pass the New Hampshire Legislature to abolish the gay panic defence. [52] [53] Then in June 2023, a bill formally passed both houses of the New Hampshire Legislature by a conference committee - to remove and repeal the archaic gay and trans panic defence within common-law. The Governor of New Hampshire signed the bill formally into law. Effective from January 1, 2024. [54] [55]
Sex reassignment surgery has been legal since 1990. Transgender persons in New Hampshire are allowed to change the gender marker on their birth certificate but require undergoing such surgery to do so. The applicant for a gender change must submit to the city or Town Clerk a birth certificate request form, a photograph, a certified court order indicating that the individual has had "a sex change" and must pay the applicable fees. [56] [57] In July 2019, Governor Chris Sununu vetoed a bill which would have removed some of these restrictions. [58] [59] [60]
On October 20, 2017, New Hampshire lifted a ban on Medicaid health insurance coverage and state government funding for sex reassignment surgery. [61] [62]
Since January 1, 2020, New Hampshire driver's licenses have included three sex options, that being "male", "female" and "X". [63] [64] [65] [66] The "X" option is not available for birth certificates. In August 2021, it was reported that the gender X on both New Hampshire drivers licences and I.Ds for individuals finally became legally available and implemented - after 2 years of delays of implementing the 2019 legislation and policy, due to the COVID-19 pandemic worldwide. [67]
On March 23, 2016, the state House of Representatives approved a bill to prohibit the use of conversion therapy on LGBT minors, in a 229–99 vote. [68] [69] [70] On May 12, the state Senate approved the bill with amendments, after initially voting to table it. [71] [72] [73] The House rejected the Senate's amendments, and called for a conference committee. The conference committee did not reach an agreement on the text, and thus the bill died. [68] Governor Maggie Hassan expressed disappointment that the bill did not reach her desk. [74]
In April 2018, both the House and the Senate passed a bill that would ban conversion therapy on minors. Due to different versions, the House and the Senate convened in a conference committee. [75] [76] [77] In May 2018, the bill was reported out of conference committee and was signed into law a month later by Governor Chris Sununu. The law went into effect on January 1, 2019. [78] [79]
In 2022, a bill (HB1077) within the New Hampshire General Court would repeal the ban on conversion therapy. [80]
A 2022 Public Religion Research Institute (PRRI) poll found that 82% of New Hampshire residents supported same-sex marriage, while 17% were opposed and 1% were unsure. The same poll also found that 88% of New Hampshire residents supported discrimination protections covering sexual orientation and gender identity. 11% were opposed. [2]
Same-sex sexual activity legal | (Since 1975) |
Equal age of consent (16) | (Since 1975) |
Anti-discrimination laws for sexual orientation | (Since 1998) |
Anti-discrimination laws for gender identity | (Since 2019) |
LGBT anti-bullying law in schools | [46] |
Hate crime law include sexual orientation and gender identity | |
Abolished the gay or trans common-law panic defence | (Since 2024) [81] |
Same-sex marriages | (Since 2010) |
Equal marriageable age | (Since 2019) |
Recognition of same-sex couples (e.g. civil union) | (Since 2008) |
Both stepchild and joint adoption available for same-sex couples | (Since 1999) |
Right to change legal gender | (Since 1990, requires sex reassignment surgery) |
Access to IVF for lesbians | |
Conversion therapy banned on minors | (Since 2019) |
Third gender option | (Since 2020; gender X available only on driver's licenses and I.Ds, not birth certificates) [46] [64] [65] [66] |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood | / (Since 2020; 3-month deferral period) [82] |
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Utah have significantly evolved in the 21st century. Protective laws have become increasingly enacted since 2014, despite the state's reputation as socially conservative and highly religious. Same-sex marriage has been legal since the state's ban was ruled unconstitutional by federal courts in 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing, and the use of conversion therapy on minors is prohibited. In spite of this, there are still a few differences between the treatment of LGBT people and the rest of the population, and the rights of transgender youth are restricted.
Lesbian, gay, bisexual, and transgender (LGBT) people in Puerto Rico have most of the same protections and rights as non-LGBT individuals. Public discussion and debate about sexual orientation and gender identity issues has increased, and some legal changes have been made. Supporters and opponents of legislation protecting the rights of LGBT persons can be found in both of the major political parties. Public opposition still exists due, in large part, to the strong influence of the Roman Catholic Church, as well as socially conservative Protestants. Puerto Rico has a great influence on the legal rights of LGBT citizens. Same-sex marriage has been legal in the commonwealth since July 2015, after the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that same-sex marriage bans are unconstitutional.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Michigan enjoy the same rights as non-LGBT people. Same-sex sexual activity is legal in Michigan under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy law. Same-sex marriage is legal. Discrimination on the basis of both sexual orientation and gender identity is unlawful since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex". The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023. In 2024, Michigan repealed “the last ban on commercial surrogacy within the US” - for individuals and couples and reformed the parentage laws, that acknowledges same sex couples and their families with children.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of West Virginia face legal challenges not faced by non-LGBT persons. Same-sex sexual activity has been legal since 1976, and same-sex marriage has been recognized since October 2014. West Virginia statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Delaware enjoy the same legal protections as non-LGBT people. Same-sex sexual activity has been legal in Delaware since January 1, 1973. On January 1, 2012, civil unions became available to same-sex couples, granting them the "rights, benefits, protections, and responsibilities" of married persons. Delaware legalized same-sex marriage on July 1, 2013.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Minnesota have the same rights and responsibilities as non-LGBT people. Minnesota became the first U.S. state to outlaw discrimination based on sexual orientation and gender identity in 1993, protecting LGBT people from discrimination in the fields of employment, housing, and public accommodations. In 2013, the state legalized same-sex marriage, after a bill allowing such marriages was passed by the Minnesota Legislature and subsequently signed into law by Governor Mark Dayton. This followed a 2012 ballot measure in which voters rejected constitutionally banning same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) people in New Jersey have the same legal rights as non-LGBT people. LGBT persons in New Jersey enjoy strong protections from discrimination, and have had the right to marry since October 21, 2013.
California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, and transgender (LGBT) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Massachusetts enjoy the same rights as non-LGBT people. The U.S. state of Massachusetts is one of the most LGBT-supportive states in the country. In 2004, it became the first U.S. state to grant marriage licenses to same-sex couples after the decision in Goodridge v. Department of Public Health, and the sixth jurisdiction worldwide, after the Netherlands, Belgium, Ontario, British Columbia, and Quebec.
Illinois is seen as one of the most progressive states in the United States in regard to lesbian, gay, bisexual, and transgender (LGBT) rights and often viewed as one of the most liberal states in the Midwestern United States. Same-sex sexual activity has been legal since 1962, after Illinois became the first U.S. state to repeal its sodomy laws. Same-sex marriage was banned by statute in 1996, but has since been legalized after a law allowing such marriages was signed by Governor Pat Quinn on November 20, 2013 and went into effect on June 1, 2014. Civil unions have been recognized since 2011, and same-sex couples are also allowed to adopt. Additionally, discrimination on the basis of sexual orientation and gender identity is banned in employment, housing, credit and public accommodations, and conversion therapy on minors has been outlawed since 2016.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Maine have the same legal rights as non-LGBT people. Same-sex marriage has been recognized in Maine since December 2012, following a referendum in which a majority of voters approved an initiative to legalize same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is prohibited in the areas of employment, housing, credit and public accommodations. In addition, the use of conversion therapy on minors has been outlawed since 2019, and joint adoption is permitted for same-sex couples.
Lesbian, gay, bisexual and transgender (LGBT) rights in the U.S. state of Iowa have evolved significantly in the 21st century. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage. Same-sex couples may also adopt, and state laws ban discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Hawaii enjoy the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Wisconsin have many of the same rights and responsibilities as heterosexuals; however, the transgender community may face some legal issues not experienced by cisgender residents, due in part to discrimination based on gender identity not being included in Wisconsin's anti-discrimination laws, nor is it covered in the state's hate crime law. Same-sex marriage has been legal in Wisconsin since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Wolf v. Walker. Discrimination based on sexual orientation is banned statewide in Wisconsin, and sexual orientation is a protected class in the state's hate crime laws. It approved such protections in 1982, making it the first state in the United States to do so.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Oregon have the same legal rights as non-LGBT people. Same-sex sexual activity is legal in Oregon, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Rhode Island have the same legal rights as non-LGBT people. Rhode Island established two types of major relationship recognition for same-sex couples, starting with civil unions on July 1, 2011, and then on August 1, 2013 with same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is outlawed within the state namely in the areas of employment, housing, healthcare and public accommodations. In addition, conversion therapy on minors has been banned since 2017.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. commonwealth of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity is legal in Kentucky, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Alaska may face some legal challenges not experienced by non-LGBT Alaskans. Since 1980, same-sex sexual conduct has been allowed, and same-sex couples can marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBT people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.
This is a list of notable events in the history of LGBT rights that took place in the year 2016.
This is a list of notable events in the history of LGBT rights that took place in the year 2021.