Amidst an extremely long agenda on the New Hampshire House calendar for next week, buffer zone repeal – HB 1625 – awaits action. The Judiciary Committee on a 12-9 vote is recommending “inexpedient to legislate” (ITL). The full House in its multi-day session will vote on the bill sometime between Tuesday, March 15, and Thursday, March 17.
Identify your representatives by checking the House roster by town. Click on each name to find contact information. As them to overturn the Judiciary Committee’s ITL recommendation on HB 1625, and instead support a motion of “ought to pass” (OTP). You may find that you belong to two districts, and if that’s the case, contact all the representatives listed. If you send email, be sure your subject line is clear, since that may be the only thing a rep has time to read: “From a constituent: please vote OTP on HB 1625.”
Why HB 1625 deserves special attention
There will be other life-issue bills on the House calendar, and I will address those in a separate post. Why single out buffer zone repeal for special attention? Certainly the First Amendment implications are important, but there’s another reason. The committee’s majority report recommending ITL contains two falsehoods. Any representative supporting the ITL recommendation will be embracing them.
I cast no aspersions on Rep. Mark Paige (D-Exeter), who wrote the majority report. He may have depended on unreliable sources. All the more reason to clear up the false information.
New Hampshire’s buffer zone law threatens the right of peaceful pro-life witnesses to be present on public property outside abortion facilities. The law has never been enforced since its 2014 passage. Nevertheless, it remains a stain on our statutes.
No, the buffer zone law was NOT drafted to follow Supreme Court guidelines
From the Judiciary Committee’s minority report, which is printed in the House calendar and may be the only thing most reps read about HB 1625: “…the drafters of our current buffer law carefully crafted it after the [U.S. Supreme] Court decided McCullen, thus with particular knowledge of the constitutional limits of buffer zone laws.”
That is four-alarm nonsense.
The U.S. Supreme Court’s decision in McCullen v. Coakley, striking down the Massachusetts buffer zone law on which New Hampshire’s law was based, was handed down on June 26, 2014. (You can read the case itself and my commentary written at the time the case was decided.)
New Hampshire’s buffer zone law was introduced on December 17, 2013, passed by the House in February 2014, passed by the Senate in May 2014, and signed by then-Governor Maggie Hassan on June 10, 2014. That’s 16 days before the Supreme Court handed down McCullen.
The governor and every legislator knew perfectly well that the McCullen case was pending in the Court. They enabled the New Hampshire buffer zone law anyway.
So much for being “carefully crafted” after McCullen.click to read more