NH Law About... Same-Sex Marriage

Introduction to... Same-Sex Marriage

Posted January 9, 2013. Revised April 4, 2014; Nov. 4, 2016.

The “Read About …” section of this guide refers to resources about the law and will provide context and key terms. “Read the Law …” links to selected law on same-sex marriage in New Hampshire and should be used as a jumping off point for further research. “For More Help…” provides links to legal information programs, libraries, and legal assistance.

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ...  is not a substitute for the services of an attorney.  

Read about... Same-Sex Marriage


GLAD. How to Get Married in New Hampshire. July 2015.   GO>

Link verified on: November 4, 2016

VisitNH.gov. Getting Married in New Hampshire  GO>

Link verified on: November 4, 2016


New Hampshire. General Court. Commission to Examine All Aspects of Same Sex Civil Marriage and the Legal Equivalents Thereof. Final report on SB 427 : Chapter 100:6, Laws of 2004.   GO>

Link verified on: November 4, 2016

Making it legal : a guide to same-sex marriage, domestic partnerships & civil unions. Nolo, 2016  GO>

Link verified on: November 4, 2016

Family law / by Charles G. Douglas. New Providence, N.J. : LexisNexis, 2014. 4th ed.   GO>

Link verified on: April 28, 2017

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Read the law about... Same-Sex Marriage


RSA 5-C. Vital Records Administration  GO>

Link verified on: May 9, 2017

RSA 457. Marriages  GO>

Link verified on: February 21, 2017

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: May 18, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>


133 S.Ct. 2675 (2013). U.S. v. Windsor

Link verified on: November 4, 2016

"Two women then resident in New York were married in a lawful ceremony in Ontario, Canada, in 2007. Edith Windsor and Thea Spyer returned to their home in New York City. When Spyer died in 2009, she left her entire estate to Windsor. Windsor sought to claim the estate tax exemption for surviving spouses. She was barred from doing so, however, by a federal law, the Defense of Marriage Act, which excludes a same-sex partner from the definition of "spouse" as that term is used in federal statutes. Windsor paid the taxes but filed suit to challenge the constitutionality of this provision. The United States District Court and the Court of Appeals ruled that this portion of the statute is unconstitutional and ordered the United States to pay Windsor a refund. This Court granted certiorari and now affirms the judgment in Windsor's favor."   GO>

135 S. Ct. 2584 (2015). Obergefell v. Hodges

Link verified on: November 4, 2016

"The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State."   GO>


GLAD. After DOMA: Guide for Same-Sex Couples  GO>

Link verified on: November 4, 2016

Medicare.gov. Important information for individuals in same-sex marriages

Link verified on: November 4, 2016

"Medicare is no longer prevented by DOMA from recognizing same-sex marriages for determining entitlement to, or eligibility for, Medicare."   GO>

NCSL. Same-Sex Marriage Laws  GO>

Link verified on: November 4, 2016

Social Security. Important Information for Same-Sex Couples

Link verified on: November 4, 2016

"On June 26, 2015, the U.S. Supreme Court issued a decision in Obergefell v. Hodges, holding that same-sex couples have a constitutional right to marry in all states and have their marriage recognized by other states. This decision made it possible for more same-sex couples and their families to benefit from our programs."   GO>

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