In Hawaii

"I [God] hate, I despise your feasts, and I take no delight in your solemn assemblies...but let justice roll down like the waters and righteousness like a mighty stream." Hebrew Scriptures (Old Testament), Amos 5:21-24)

"Individual rights run amok can cause great harm to other individuals and, in particular, to families. There has to be a balance between individual rights and community rights. We cannot just sit back and allow a few to impose their morals on us." An anti-same-sex marriage statement by Pro-Family Hawaii who oppose equal rights and protection for loving, committed same-sex couples and their children.

Introduction:

It is perhaps logical that the first move towards same-sex marriages in the U.S. occurred in Hawaii.

Aikane, close male societal and sexual relationships, were an accepted part of ancient Hawai'ian culture, until terminated after the arrival of Christian missionaries. Also, the state currently has probably the greatest diversity of religious belief and racial heritage in the United States. Only about 34% of the Hawaiian population considers itself Judeo-Christian. This compares with about 75% in the rest of the U.S.

Although the attempt to create same-sex marriages failed during the 1990s, the legislature passed a bill creating civil unions on 2010-APR-30. It would have given same-sex or opposite-sex couples -- and their children -- the same state rights and protections that married people receive. Governor Lingle vetoed the bill, hours before her authority to do so ended. Although the bill had passed with comfortable majorities, the margin in the House was insufficient to override her veto.

By exercising her veto, she is in violation of a state Supreme Court 1993 decision. They ruled that the Legislature could not discriminate by denying same-sex couples any of the state-given rights of marriage. However, the state does not actually have to allow same-sex couples to marry. Civil unions with the same rights as marriage would have sufficed.

By vetoing the bill, she has violated her oath of office to uphold the Hawaiian Constitution. A lawsuit and/or legislative action was inevitable.

Current status:

The Hawaii Senate passed a new civil unions bill by a vote of 19 to 6 in early 2011-FEB. On FEB-11, the House passed a slightly revised bill by a vote of 31 to 19. It went back to the Senate who passed the House version on FEB-16. The new Governor, Neil Abercrombie (D) signed it into law. It took effect on 2012-JAN-01 in spite of a last-ditch effort by two fundamentalist Christian churches to have the law declared unconstitutional.

An information sheet discussing civil unions: "Here's How It Works, What It Means & How To Do It!" is provided by Equality Hawai'i. See: http://www.equalityhawaii.org/

• 1990-1996: Original court challenges. Circuit court trial
  
  
• 1996: Constitutional amendment proposed, Circuit court issues ruling
  
  
• 1997: Legislative Activity
  
  
• 1998-1999: Constitutional amendment passes. Court nixes same-sex marriage

Attempt to legalize civil unions:

• 2007: Proposed legalization of civil unions
  
  
• 2009: Second try to legalize civil unions
  • Civil union bill introduced
    
    
  • Bill HB444 passes House committee
    
    
  • Confusion reigns: 1 constitutional amendment, 2 interpretations!
    
    
  • Bill HB444 passes the full House and is refused by the Senate
    
    
  • Amended bill HB444 returns to Senate
    
    
• 2010: Bill passes legislature:
  • Amended bill HB444 passed Senate. Groups plan lawsuit. House passes bill. Will it be signed ito law?
    
    
  • Reactions to Bill HB444 after its approval by the Legislature. Governor hears from both sides.
    
    
  • Governor Lingle considers vetoing the bill.
    
    
  • Governor vetoes bill on last possible day
    
    
  • Factors that may have influenced Gov. Lingles' decision on civil unions
    
    
  • Reactions by the public & groups to Governor Lingle's veto of HB 444
    
    
  • Reactions by gubernatorial candidates to the veto of HB 444
    
    
  • Lawsuit promised. Civil unions bill passed by legislature
    
    
• 2011: Civil Union bill signed into law:
• 2011-FEB: Governor signs bill into law. Reactions to the law
  
  
• 2011-DEC: Two fundamentalist Christian churches sue to ban civil unions
  
  
• 2011-2012: Court case launched in Federal Court, attempting legalize same-sex marriage:
  
• 2011-NOV to 2012-JAN: Lesbian couple sues to marry
  
  
• 2012: Deadline for defense filing. Judge rules against plaintiffs. Appeal expected

Copyright © 1996 to 2012 by Ontario Consultants on Religious Tolerance
Originally written: 1997-JUL-11
Latest update: 2012-AUG-09
Author: B.A. Robinson

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