Same-sex marriages & civil unions in Hawaii

2009: Civil unions bill launched

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Status of loving, committed same-sex relationships in early 2009:

Hawaii has a "reciprocal benefits" law that grants certain specified rights to registered same-sex couples. Included are inheritance and property rights, the ability to sue for wrongful death, and hospital visitation privileges. However, there are hundreds of state benefits, rights and obligations automatically given to opposite-sex marriage couples that are not extended to registered same-sex couples. Health care, spousal leave, and access to family court are not covered. There are also over 1,000 federal benefits and rights that opposite-sex married couples receive that same-sex couples are excluded from -- in Hawaii and even in those states where same-sex couples can marry.

Proposed civil union bill HB 444:

House Majority Leader Blake Oshiro, (D-33rd), sponsored a bill to make civil unions  available to loving, committed same-sex couples. He referred to previous unsuccessful attempts to legalize same-sex marriages, saying:

"I think it's just time. ... I think for the advocates that support civil unions, clearly, for a lot of them, it's a compromise. In the past, it was all or nothing. And this year, it has changed a lot, and I think that has helped them. I think they are a little bit more aware of the political process now." ₁

The bill would:

	Allow certain couples to obtain a civil union license. Both must be: Of the same sex, and 18 years of age or older, Not a partner in another civil union or marriage, Not closely related to each other. 1
	Authorize judges, retired judges, and clergypersons to perform unions.
	Potential judges or clergy who fail or refuse to solemnize a civil union are protected from any fines or other penalties.
	The couple must first obtain a civil union license from the Department of Health.
	The parners "shall have all the same rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil law, as are granted to spouses in a marriage..."
	They would obtain state benefits only. They would receive none of the approximately 1,050 federal benefits, protections, and responsibilities given to opposite-sex married couples.
	Recognize marriages, civil unions, and domestic partnerships that have been validly performed in other jurisdictions as equivalent to a civil union.
	Regard same-sex marriages performed elsewhere as civil unions.
	Come into effect on 2010-JAN-01. 2

If the bill becomes law, Hawaii would become the fourth state after New Hampshire, New Jersey, and Vermont to provide civil unions for its citizens.

There are 51 members in the House. As of 2009-JAN-24, 32 members (63%) had signed the bill. Included were state House Speaker Calvin Say, (D-20th), and state Rep. Jon Riki Karamatsu, (D-41st), the chairman of the House Judiciary Committee. By FEB-05, support had risen to 42 members (82%). ₃

Some commentators have anticipated future resistance from the Senate Judiciary and Government Operations Committee.

	Two senators on the committee are opposed to civil unions. State Senator Mike Gabbard, (D-19th) said: "The people of Hawai'i ... decided this issue 10 or 11 years ago, when 70 percent of the people voted against same-sex marriage. And, to me, civil unions is [sic] same-sex marriage with a different name."
	Two senators, both Democrats, are known to favor civil unions.
	One senator, Robert Bunda, (D-22nd) opposed same-sex marriage in the past but said he will keep an open mind on civil unions. He said: "For me, I have to read and digest what's in the bill before I actually make a decision. I've been told I'm the swing vote, I don't know for sure. If I am, my priority is to make sure that I understand fully what's before us." 2

Governor Linda Lingle (R) has not yet revealed her position on the measure. She has veto power over any bill passed by the House and Senate.

Support for the bill:

The Family Equality Coalition was formed after the failure of a civil unions bill in 2007. Alan Spector, a social worker and co-chair of the coalition said that their long-term goal remains same-sex marriage. However, obtaining civil unions would be a significant step forward.

The coalition has obtained support from labor unions, the inter-faith community, social service groups, the university community, civil rights groups, etc. Their membership has risen from 40 members in 2008-JUN to 1,300 members by early 2009-FEB.

Opposition to the bill:

Hawaii Family Forum is one group that opposes the bill. Eva Andrade, their Director of Communications, also seems to treat civil unions and same-sex marriage as identical. She wrote:

"Both Hawaii Family Forum and the Roman Catholic Church in the Hawaii [sic] support fixing Hawaii's reciprocal beneficiary law to provide benefits to those in need in a way that is not based on sex partner status; however, some legislators (and supporters of civil unions) are not interested in fixing reciprocal beneficiaries. They prefer to establish civil unions."

"We urge you to contact members of the House Judiciary Committee and your own legislators as soon as possible to urge them to oppose civil unions (HB 444) and remind them that the people of Hawaii have spoken overwhelmingly against same-sex marriage."

"Without significant involvement from the grassroots, civil unions may well become law. Rest assured, proponents will not stop at civil unions. The battle over traditional marriage will either be fought here and now, or it will be fought later. Once civil unions become law, it will be very hard to overturn it [sic]. " ₄

References used:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

1. Text of House Bill # 444 is online at: http://www.capitol.hawaii.gov/

2. Derrick DePledge, "Hawaii civil unions backed by a majority in state House
   32 of 51 House members sign on to measure that would legalize partnership," The Honolulu Advertiser, 2009-JAN-24, at: http://www.honoluluadvertiser.com/

3. "Keori," "LIVEBLOG: Hawaii Civil Unions Bill First Public Hearing,"  Pam's House Blend, 2009-FEB-05, at: http://www.pamshouseblend.com/

4. Eva Andrade, "Civil Unions Take Center Stage at Hawaii State Capitol. Same Sex Marriage Right Around the Corner." Hawaii Reporter, 2009-JAN-30, at:  http://www.hawaiireporter.com/

Disclaimer:

This essay is for general information only. Portions lack the precision of the legal language of HB 444. Do not make any personal decisions based on material on this web site.

Copyright © 2009 by Ontario Consultants on Religious Tolerance
Originally written: 2009-FEB-08
Latest update and review: 2009-FEB-17
Author: B.A. Robinson

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