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New Hampshire Republicans were generally identified with the repeal effort and they controlled the 400-member House by a 3-1 margin.

The Nashua Telegraph termed the failure of the repeal effort in March 2012 "a shocking setback".

It established that same-sex marriages from other jurisdictions are recognized by New Hampshire as valid from the date they were contracted, even if they pre-dated New Hampshire's recognition of same-sex marriage; that New Hampshire recognizes the same-sex marriages of non-residents whether or not their home jurisdiction recognizes the marriage; and allows those in civil unions in other jurisdictions to marry in New Hampshire without first dissolving their civil union.

A University of New Hampshire Survey Center poll taken between January 27 and February 6, 2011 found that 62% of New Hampshire residents opposed the new Republican-dominated Legislature's efforts to repeal the 2009 law legalizing same-sex marriage, with only 29% in favor of repeal.

The commission members who dissented said it spent too much time hearings attacks on the morality of homosexuality.

The proposals ranged from allowing a couple to enter into a "contractual cohabitation," a "civil union," a "spousal union," or a same-sex marriage.

Governor John Lynch opposed same-sex marriage, but indicated that he was receptive to discussing civil unions as a means of granting certain rights to same-sex couples.

At the end of 2008, after the law had been in effect for one year, approximately 600 civil union licenses had been issued by the state, while approximately 8,700 marriage licenses were issued by the state during the same period.

On March 18, 2009, the New Hampshire House of Representatives Judiciary Committee sent a same-sex marriage bill, HB 436, to the floor of the House without a recommendation following a tied 10-10 vote.

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The bill recognized out-of-state civil unions as marriages.