OPINION OF THE JUSTICES

No. 87-080.

129 N.H. 290 (1987)

OPINION OF THE JUSTICES

Supreme Court of New Hampshire.

May 5, 1987.


Attorney(s) appearing for the Case

Devine & Nyquist, of Manchester (Maureen E. Raiche and Corey Belobrow), filed a memorandum on behalf of the Majority of the House Committee on Judiciary in opposition to the constitutionality of House Bill 70.

Charles G. Douglas III, of Concord, filed a memorandum on behalf of House Bill 70's sponsors in support of the constitutionality of House Bill 70.

Marcus Hurn and Ellen Musinsky, of Concord, filed a memorandum on behalf of the New Hampshire Civil Liberties Union, the New Hampshire Women's Lobby, the New Hampshire Child Care Association, the New Hampshire Association of Pastoral Counselors, and the New Hampshire Chapter of the National Association of Social Workers in opposition to the constitutionality of House Bill 70.

Elizabeth Cazden, of Manchester, filed a memorandum in opposition to the constitutionality of House Bill 70.

Bruce E. Friedman and John MacIntosh, of Concord, filed a memorandum in opposition to the constitutionality of House Bill 70.

Gordon J. Humphrey, United States Senator, filed a memorandum in support of the constitutionality of House Bill 70.

Seven other interested parties submitted materials in support of the constitutionality of House Bill 70.

Thirteen other interested parties submitted materials in opposition to the constitutionality of House Bill 70.


The following resolution, House Resolution No. 23, requesting an opinion of the justices, was adopted by the House of Representatives on March 3, 1987, and filed with the Supreme Court on March 4, 1987:

"Whereas, House Bill 70, an act prohibiting homosexuals from adopting, being foster parents, or running day care centers, has been introduced and is now pending before the house of representatives for consideration; and

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