Testimony to House Judiciary Committee, State of Vermont
The Right Reverend Thomas C. Ely, Episcopal Bishop of Vermont
RE: S-115 An Act to Protect Religious Freedom and Promote Equality in Civil Marriage.

Date: March 27, 2009

Representative Lippert, Representative Grad and members of the House Judiciary Committee:

My name is Thomas Ely. I am a resident of Burlington, Vermont and serve as Bishop in the Episcopal Diocese of Vermont. I have been happily married to Ann for 32 years. I appreciate the invitation to address the committee on the matter before you: S-115 An Act to Protect Religious Freedom and Promote Equality in Civil Marriage. I speak in support of this legislation.

The testimony I offer is my own, and while I believe it represents the sentiments of the vast majority of Episcopalians in Vermont, I know full well that it does not represent the view of all Episcopalians in Vermont. I want to acknowledge at the outset that our diocese, like most religious denominations, is not of one mind on the various issues concerning human sexuality that are currently part of our civil and religious discourse. I respect those differences and remain committed to conversation with those who disagree with my thinking. At the same time, I do hold strong convictions that are well known among the members of the Episcopal Diocese of Vermont and my testimony today is consistent with those beliefs.

As a person of faith, my religious beliefs, grounded in the Bible and the promises of The Episcopal Church’s Baptismal Covenant to “strive for justice and peace among all people,” and “to respect the dignity of every human being,” have led me to speak out for human and civil rights in a broad range of areas over the years. The Episcopal Church’s General Convention, in resolution after resolution since 1976, has consistently expressed its conviction that homosexual persons are entitled to equal protection of the laws with all other citizens, and it has called upon our society to see that such protection is provided. In my judgment, the intent of the legislation before you is consistent with that voice from our denomination’s highest form of governance, and so I come before you today to speak in support of this legislation and to urge its passage both in this committee and in the full House with the same degree of bipartisan support we witnessed in the State Senate last week.

Until I listened to the Governor’s Press Conference on Wednesday there was no reason to make this point, but now I feel compelled to do so. I believe it is unfortunate that Governor Douglas has taken the unusual action to signal his intention to veto this legislation before it has been given a full hearing in the legislature - but at least we now know what is at stake as your committee (and hopefully the full House) takes up this legislation. If you and your colleagues are convinced, as I am, by the report of your Vermont Commission on Family Recognition and Protection that marriage equality is the right direction for the citizens of Vermont then the task before you is to pass this legislation by a majority sufficient to override the threatened gubernatorial veto. With all due respect to our Governor and the position he and others sincerely hold on this matter, I don’t agree that consideration of the civil rights of any of our citizens should ever be described as a “distraction,” no matter the other pressing agenda before the Legislature. I trust that you are quite capable of managing multiple agendas. This legislation is not a “distraction” for many citizens of Vermont. For many it is very personal, and a measure of the Legislature’s willingness to live up to the promise of full equality for gay and lesbian couples that our Civil Union law has not been able to provide.

To be sure, Vermont has lived with an increased measure of equality for gay and lesbian couples since the enactment of our current Civil Union legislation. This judiciary committee led the way in that bold, good and courageous step forward for the civil rights of gay and lesbian couples. The legislation now before you seeks to provide an even greater measure of equality and dignity. As you well know, because of Federal statues, this law will not provide the full measure of longed for equality, but it is an important step in the right direction and sends an important message to our elected leaders in Washington, as well as to the citizens of Vermont, that Vermont Legislators know discrimination when they see it and that you will do all in your power to treat each and every citizen equally and with the dignity, honor and respect each deserves.

Marriage equality means different things to different people, but among the things it means to me is that the values I hold dear in my own marriage can be honored, displayed and celebrated by all. Those values include the mutual love and support of another person in a committed life-long relationship, in which fidelity, joy, help and comfort in all circumstances can be respected and practiced, and through which the stability of family can be provided for those who choose to care and nurture children. I do not believe that this legislation will diminish, damage, or compromise the integrity of marriage (certainly not my marriage). On the contrary, I believe it has the possibility to strengthen our understanding and appreciation of marriage as we witness the love and fidelity of gay and lesbian couples alongside that of straight couples. Someone once asked Mark Twain if he believed in infant baptism. “Believe in it?” he replied, “Heck, I’ve seen it.” Well, that’s the way I am when people ask if I believe it is possible for gay and lesbian couples to demonstrate the same love and commitment in their relationships as so many married heterosexual couples do. Not only do I believe it, I’ve seen it, and it is wonderful to behold.

The legislation you are considering concerns the civil definition of marriage. As such, it ultimately has less to do with the current and vigorous debates and disagreements among various faith communities regarding the theology of holy matrimony than it does with the extension of certain civil rights to all our citizens. The issue of religious freedom is spelled out and well covered in this legislation. As you well know, the current reality is that no member of the clergy, or authorized religious agent, is ever required by the state to perform the civil function of officiating at a marriage. That discretion is preserved in this legislation.

This bill will not settle the theological debates about marriage within religious communities – but that is not your work, is it! Your work is to serve the citizens of Vermont and to assure, to the best of your ability, the civil and human rights of all of us. You need not, nor should not, wait for a consensus on this matter to emerge among the various religious communities active within our State. That is not likely to happen for a very long time. In this case, justice delayed is justice denied.

The Episcopal Church, other Christian churches, and other religious faiths all have their work to do, and each must determine for itself how to live with integrity with this new law, just as we have learned to live with the conviction of our various beliefs in response to Civil Union legislation. Quite frankly, this will not be easy for the Episcopal Church here in Vermont and throughout our denomination. Our Canons and our Book of Common Prayer are clear in the definition of marriage as between one man and one woman. Many are working to expand that understanding, but that will require the action of our General Convention. In the meantime, my commitment is that the Episcopal Church in Vermont will continue to provide the very best pastoral care we can to all couples who seek God’s blessing on their faithful, committed, monogamous relationships. I am persuaded that it is your commitment to continue to provide the very best and fullest measure of human and civil rights to the people you serve.

I believe the time is right for Vermont to move forward with what is right and just for all with regard to civil marriage and the many benefits it brings to couples and to society as a whole. The principle of religious freedom is well preserved in this law and in my judgment you would do well not become distracted by a theological debate about the meaning of marriage among various religious communities. Leave the challenge of that to us. Thank you for your attention to this important matter and for this opportunity to speak with you today.

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