Employers in New Hampshire have a good six months to adjust their benefit plans to accommodate the new law Gov. John Lynch (D) signed on June 3 allowing same-sex marriage in that state. The law takes effect on Jan. 1, 2010. This makes New Hampshire the sixth state in which same-sex marriage is legal, joining Massachusetts, Connecticut, Iowa, Maine and Vermont.

The New Hampshire measure distinguishes between civil marriage and that performed in churches, and leaves it up to individual religions to decide whether they will recognize and perform same-sex marriages. Lynch had said that he would veto a measure allowing same-sex marriage if it did not include such a provision protecting churches from any requirements that could violate their doctrines.

The new law also addresses civil unions, which New Hampshire has allowed since Jan. 1, 2008. Under the same-sex marriage law, no more civil unions will be performed as of Jan. 1, 2010, when same-sex marriage can be performed in the state. Those who entered into civil unions in New Hampshire may apply for and receive a marriage license and have that marriage solemnized as long as they are otherwise eligible to marry. They also will have until Jan. 1, 2011 to apply to the clerk of the community in which their civil union is recorded to have their civil union legally designated and recorded as a marriage with no further fees or paperwork.

The Jan. 1, 2010 effective date gives employers plenty of time to make any adjustments they may find necessary to their benefit plans to incorporate coverage for same-sex spouses.

More information is available in Thompson Publishing Group’s Domestic Partner Benefits: An Employer’s Guide.