CONCORD – A bill legalizing same-sex marriage in New Hampshire passed the Senate yesterday on a historic 13-11 vote.

The bill, amended on the Senate floor, differs from a House-passed version by drawing a distinction between civil and religious marriage, and stating that any two individuals have a right to a civil marriage.

The bill, House Bill 436, would leave to each religion whether to recognize and officiate over same-sex marriages. It would also automatically convert all civil unions to civil marriage on Jan. 1, 2011. Civil unions have been legal since Jan. 1, 2008.

If it becomes law, the bill would make New Hampshire the fifth state in the nation to allow same-sex couples to marry.

Gov. John Lynch, who said two weeks ago he thinks the word marriage should be reserved for traditional marriage between men and women, left it unclear whether he's considering a veto.

►Lynch's view: Traditional marriage is best (100)

In a prepared statement, Lynch said: "I still believe the fundamental issue is about providing the same rights and protections to same-sex couples as are available to heterosexual couples. This was accomplished through the passage of the civil unions law two years ago. To achieve further real progress, the federal government would need to take action to recognize New Hampshire civil unions."

Federal law prevents same-sex couples from enjoying any federal benefits that heterosexual couples get, such as Social Security survivor payments or income tax breaks.

The bill may not be in its final form yet. Because the Senate version is a wholesale rewrite of the original, House members will either have to concur with the Senate changes or insist on negotiations.

Nothing requires Lynch to sign the bill into law. He can let it take effect without his signature once it arrives on his desk.

Bishop John McCormack of the Catholic Diocese of Manchester called on Lynch to "take a stand for the uniqueness of the marriage relationship and veto the legislation."

The conservative Cornerstone Policy Research-Action group said the Senate had sided with "radical outside special interests" and called for a veto.

"We are confident that the voters will not forget this vote in the November 2010 elections," Executive Director Kevin Smith said.

Others praised the Senate.

"It is in keeping with New Hampshire's 'live free or die' tradition to stand up for individual liberties and against discrimination of any kind," said Mo Baxley, executive director of N.H. Freedom to Marry Coalition. The group has worked since 2001 to pass a gay marriage law.

The Senate Judiciary Committee voted 3-2 last week to recommend that HB 436 be killed. But committee Chairman Sen. Deborah Reynolds, D-Plymouth, changed her mind in the past week, after talking to voters and seeing the amended version that Senate Democrats crafted late Tuesday.

She said the wording "gives everyone in the state the right to seek a civil marriage ... This is a compromise that is respectful to both sides in this debate and meets our shared goals of equality in state laws for all the people of New Hampshire."

Republicans voted in a block against the measure, joined by Sen. Lou D'Allesandro, D-Manchester.

Senate minority leader Peter Bragdon, R-Milford, said "Senate Republicans believe the word 'marriage' should not be co-opted to mean something other than its traditional meaning, which is between one man and one woman. We know Governor Lynch feels the same way and we urge him to veto this bill."

Transgender bill killed

Earlier in the session, the Senate voted 24-0 to kill HB 415, which extended anti-discrimination laws to include trans-gendered people. The measure was dubbed the "bathroom bill" by Republican opponents.

Critics said it would open women's bathrooms, changing rooms and locker rooms to sexual predators who could raise a defense in court that they were sexually confused.

Democrats said the atmosphere around the bill was so poisoned by mischaracterizations that passing the bill could actually harm those it was meant to protect.

Co-sponsor Sen. Martha Fuller Clark, D-Portsmouth, said opponents "shamefully sought to distract us from the real issue of discrimination and violence, bringing the debate literally to the toilet."

Democrats criticized members of the media for picking up on the bathroom bill nickname, saying they became an unwitting partner in the effort to continue denying a part of the population its civil rights.

"Shame on you," said Sen. Jacalyn Cilley, D-Barrington, as she accused opponents of "political posturing and gamesmanship."