Robinson testifies at New Hampshire marriage bill hearing

Episcopal Bishop Gene Robinson was the most high-profile figure to testify at a hearing on a same-sex marriage bill before the Judiciary Committee of the New Hampshire House of Representatives Feb. 5. Speaking to the committee in the packed hearing room at the legislative office building in Concord, Robinson urged the lawmakers to build on the state's 2007 civil union law and to grant same-sex couples full marriage equality.

"I'm here to ask your support in making the promise of equality under the law a reality in New Hampshire by allowing us to translate that second class status [of civil union] into the civil right of marriage," said Robinson, who was joined in a civil union with Mark Andrew, his partner of more than 20 years, last June.

Drawing on both scripture and history, Robinson made the case the marriage is an ever-evolving institution.

"Marriage for men in the Old Testament included multiple wives, not to mention concubines if you were wealthy enough. Marriage until the Middle Ages was all about property, the legitimacy of heirs and inheritance rights, so decidedly so that common people and serfs on an estate were not even encouraged to be married, since there was nothing to inherit anyway," said Robinson. "While marriage has served many purposes historically, including procreation, we have never prohibited from marrying those unable to procreate, either because of infertility or advanced age. Just 40 years ago we changed the definition of marriage to include people of different races, a change in definition that allowed Barack Obama's parents to be married. The definition of marriage has always been evolving, and the inclusion of same-gender partners is simply the next logical revision of that evolution."

He told the committee that contrary to the claims of religious opponents of the bill, it would have no impact on the right of religious institutions to decide who they will marry, and he said the bill "will effect religion in no way."

The four-and-a-half hour hearing included lengthy testimony from lawmakers, professional advocates and citizens on both sides of the issue. Earlier that morning two anti-gay bills came before the committee, one to repeal the civil union law and define marriage as the union of one man and one woman, and another to prevent the state from recognizing civil unions contracted outside the state of New Hampshire. Following the testimony on all the marriage and civil union-related bills the committee heard testimony on legislation to add gender identity and expression protections to the state's non-discrimination and hate crimes laws.

Beyond Robinson some of the most powerful testimony in favor of the marriage equality bill, House Bill 436, came from the committee members' colleagues in the legislature. Rep. Ed Butler (D-Hart's Location), a sponsors of the bill, and his partner, Les Schoof, told the committee that while their civil union ceremony last April was one of the happiest events of their lives, they believe that they will only achieve full equality under the law if they are allowed to marry.

Butler said during the debates around implementation of the civil union bill he suggested that the name blanks on the civil union application read "spouse one" and "spouse two," but he said the state attorney general told them that the term "spouse" refers only to married partners.

"And therefore Les is not my spouse," said Butler. "He is my civil union partner. ... The word marriage is important, and if each of you is honest with yourselves you will acknowledge that civil unions, though wonderful in their own right, are not marriage," Butler said. "It does not impart the cultural importance that the simple word marriage conveys."

Rep. David Pierce (D-Etna) told the committee that he and his partner learned firsthand the shortcomings of civil unions when they were going through the adoption process for their second child. While the state is supposed to grant civil union couples all the state benefits and protections of marriage, he and his partner were unwilling to take it on faith that all of those protections would be granted in practice. The couple obtained a determination by a judge that partners in a civil union were eligible under New Hampshire law to do adopt jointly. They went to court a second time to get a ruling that the state recognized them as a couple in a civil union. The couple had received a domestic partnership in California, which provides all the benefits of marriage in that state, and Pierce said the couple wanted to make sure that New Hampshire recognized California domestic partnerships as civil unions. Pierce said they were successful in both sets of legal proceedings, but he said they devoted considerable time and money to ensure their basic parental rights.

"If a married couple walked in looking to adopt jointly they would not have had to spend thousands of dollars," said Pierce.

Opponents of the marriage equality bill also turned out at the hearing. Kevin Smith, director of Cornerstone Policy Research, the New Hampshire affiliate of religious right advocacy group Focus on the Family, claimed that social science research shows that the married heterosexual family is the ideal environment for children.

"Gender-neutral or same-sex marriage will remake marriage to resemble the tragedy of a missing parent," said Smith.

Other opponents of the bill warned that New Hampshire risked inciting the wrath of God if it allowed same-sex couples to marry. Pastor John Newman of Higher Ground Ministries in Center Barnstead told the committee, "We look to the word of God. God is definite on this. Sodom and Gomorrah is a fine idea. All through the Bible God calls this sin." Another opponent of the bill, Ted White, said, "Jesus said there would be false prophets. Gene Robinson is a false prophet."

During the hearing on the transgender rights bill Butler, one of the lead sponsors, explained the concept of transgender identity to the committee members and told them what protections the bill would provide. He told lawmakers not to worry if they were unfamiliar with gender identity issues.

"For some of us being transgender is hard to understand. Even for a gay man, someone who's part of a sexual minority, I've had a journey of learning and understanding. I say this only to give you some ease with what may be discomfort or confusion over what it means to be transgender," said Butler.

Several members of the trans community testified about their personal experiences dealing with discrimination and violence. Mikayla Bourque of Laconia said she struggled for 30 years with her gender identity, and she joined the military and worked as a firefighter in an effort to reinforce her biological male identity before ultimately deciding to transition to live as female. She said her brother also struggled with his gender identity and took his own life. Since she began living as female Bourque said she has had difficulty maintaining employment.

"I had a part-time job, and I was told at my part-time job that I was losing business because they hired a transgender. It's tough to support a family and support myself and make a living," said Bourque.

Rep. Jim Splaine (D-Portsmouth), another sponsor of the marriage equality bill, told Bay Windows he is confident that both of the anti-gay bills brought up at the hearing can be defeated either in committee or on the House floor. He said he believes the transgender rights bill stands a good chance of winning an "ought to pass" vote from the committee and passing in both the House and Senate this session. He said he is also hopeful that the marriage equality bill will make some headway this year.

"I think we had a good discussion. I think there's a chance we'll pass that out of the committee as 'ought to pass.' ... I think there's a chance we can pass that on the floor of the House," said Splaine. "It's going to take a lot of work, but at this time two years ago there were people suggesting I not put in civil unions because that couldn't pass, and that ended up passing. So things have to fall into place, and I'm optimistic."