New Hampshire

What Could Happen to LGBTQ Civil Rights in New Hampshire if Obergefell v. Hodges and Lawrence v. Texas Are Overturned?

In the shadow of a potential reversal of landmark Supreme Court decisions like Obergefell v. Hodges and Lawrence v. Texas, LGBTQ rights across the United States face unprecedented uncertainty. These rulings have been pillars of progress, legalizing same-sex marriage and striking down sodomy laws, respectively. New Hampshire, a state with a strong history of LGBTQ protections, would not be immune to the ripple effects of such reversals. This blog explores the potential implications for LGBTQ rights in New Hampshire, including hate crimes, sodomy laws, adoption, and trans rights.

New Hampshire’s LGBTQ Protections: A Strong Foundation

New Hampshire is known for its progressive policies regarding LGBTQ rights. Anti-discrimination laws explicitly protect sexual orientation and gender identity, and the state legalized same-sex marriage in 2010, five years before the Supreme Court’s decision in Obergefell v. Hodges. However, federal rollbacks could have indirect but serious consequences, even in supportive states like New Hampshire.

Marriage Equality Under Threat

If Obergefell v. Hodges were overturned, marriage equality would once again become a state-by-state issue. Fortunately, New Hampshire has codified same-sex marriage into state law, so the immediate right to marry would remain intact. However, couples in New Hampshire could face federal challenges regarding tax filings, Social Security benefits, and interstate recognition of their marriages if federal protections are rescinded.

Parental rights for LGBTQ families could also be at risk. Currently, New Hampshire allows same-sex couples to adopt, and non-biological parents in same-sex relationships are recognized under the law. But without federal support, legal battles over parentage and custody could become more common, especially when families move across state lines.

The Return of Sodomy Laws?

New Hampshire repealed its sodomy laws in 1975, well before Lawrence v. Texas struck down such laws nationwide in 2003. While the reversal of Lawrence would not immediately reinstate these laws in New Hampshire, the symbolic impact could be damaging. It could embolden anti-LGBTQ rhetoric and create a chilling effect on the progress made in LGBTQ rights.

Nationally, the reinstatement of sodomy laws in less progressive states could exacerbate discrimination and marginalization, with cultural ramifications spilling over into states like New Hampshire.

Hate Crimes and LGBTQ Safety

New Hampshire has a comprehensive hate crimes law that includes protections based on sexual orientation and gender identity. Despite this, hate crimes against LGBTQ individuals remain a concern. According to FBI data, hate crimes targeting LGBTQ people have been on the rise nationwide, and New Hampshire has reported incidents in recent years.

The potential reversal of federal LGBTQ protections could embolden extremists and lead to increased hate crimes. This underscores the importance of not only maintaining but also strengthening state-level hate crime enforcement and victim support services.

Trans Rights: Progress and Potential Backlash

New Hampshire has made strides in protecting transgender individuals. Discrimination based on gender identity is prohibited in housing, employment, and public accommodations, and there are state policies supporting transgender students in schools.

However, a rollback of federal protections could have a chilling effect on trans rights nationwide, potentially fueling efforts to undermine existing protections. Access to gender-affirming healthcare, legal recognition of gender markers, and participation in sports could come under renewed attack, even in states like New Hampshire.

Adoption Rights and LGBTQ Families

New Hampshire allows all individuals, regardless of sexual orientation or gender identity, to adopt children. This includes joint adoptions by same-sex couples and second-parent adoptions. While these rights are unlikely to be directly affected at the state level, federal challenges could complicate matters for LGBTQ families. For example, non-biological parents in same-sex relationships could face issues when traveling or relocating to less supportive states.

What Can New Hampshire Do to Protect LGBTQ Rights?

If Obergefell and Lawrence are overturned, New Hampshire must act decisively to safeguard LGBTQ rights. Here are key steps the state can take:

1. Strengthen State Protections: Codify explicit parental rights for LGBTQ families and expand anti-discrimination laws to cover areas not yet addressed.
2. Increase Hate Crime Enforcement: Allocate more resources to investigate and prosecute hate crimes and support affected communities.
3. Provide Education and Advocacy: Launch public education campaigns to combat misinformation and promote LGBTQ acceptance.
4. Collaborate with Other States: Form coalitions with other progressive states to advocate for federal protections and push back against discriminatory policies.

Conclusion

The potential overturning of Obergefell v. Hodges and Lawrence v. Texas would mark a dangerous step backward for LGBTQ rights nationwide. In New Hampshire, the immediate legal impact might be limited due to the state’s progressive laws, but the broader cultural and legal consequences would still be significant. By doubling down on its commitment to equality and justice, New Hampshire can ensure that it remains a safe and supportive place for LGBTQ individuals, even in uncertain times.