Same-sex marriage in Hawaii has been legal since December 2, 2013. The

Hawaii State Legislature The Hawaii State Legislature is the state legislature of the U.S. state of Hawaii. The state legislature is a bicameral body consisting of a lower house, the Hawaii State House of Representatives, with 51 representatives, and an upper house, the ...

held a special session beginning on October 28, 2013, and passed the '' Hawaii Marriage Equality Act'' legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights. Hawaii's denial of marriage licenses to same-sex couples was first challenged in state court in 1991, and the plaintiffs initially met with some success. In 1993, a ruling by the Hawaiian Supreme Court made Hawaii the first state in the United States to consider legal challenges to bans on same-sex marriage. However, Hawaii voters later modified the State Constitution in 1998 to allow the State Legislature to restrict marriage to opposite-sex couples. By the time the Supreme Court of Hawaii considered the final appeal in the case in 1999, it upheld the state's ban on same-sex marriage. When Hawaii's civil union law took effect at the start of 2012, same-sex marriages established in other jurisdictions were considered civil unions in Hawaii.

Legal history

''Baehr'' case (1991–1999)

'' Baehr v. Miike'' (originally ''Baehr v. Lewin'') was a case decided by the Supreme Court of Hawaii, which initially found that the state's refusal to grant same-sex couples marriage licenses was discriminatory. In 1991, three same-sex couples sued Hawaii Director of Health John C. Lewin in his official capacity, seeking to force the state to issue them marriage licenses. The couples were Genora Dancel and Ninia Baehr, Joseph Melillo and Pat Lagon, and Tammy Rodrigues and Antoinette Pregil. After the case was dismissed by the trial court, the couples appealed to the state Supreme Court. In the plurality opinion delivered by Chief Justice

Ronald Moon Ronald T. Y. Moon (September 4, 1940 – July 4, 2022) was the Chief Justice of the Hawaii State Supreme Court in Honolulu, Hawaii. He served his first term from 1993 to 2003, and his second term from 2003 until retiring in August 2010. Moon ...

in 1993, the court ruled that while the right to privacy in the Hawaii Constitution does not include a fundamental right to same-sex marriage, denying marriage to same-sex couples constituted

discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...

based on sex in violation of the right to equal protection guaranteed by the State Constitution. The court

remanded Remand may refer to: * Remand (court procedure), when an appellate court sends a case back to the trial court or lower appellate court * Pre-trial detention, detention of a suspect prior to a trial, conviction, or sentencing See also *'' Remando ...

the case to the trial court, instructing that "in accordance with the '

strict scrutiny In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate th ...

' standard, the burden will rest on Lewin to overcome the presumption that HRS § 572-1 he state's marriage statuteis unconstitutional by demonstrating that it furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgments of constitutional rights."''Baehr v. Lewin'', 74 Haw. 530, 852 P.2d 44 (1993), ''reconsideration and clarification granted in part'', 74 Haw. 645, 852 P.2d 74 (1993). In 1996, Judge Kevin S.C. Chang ruled that the state did not meet its evidentiary burden. It did not prove that the state had a compelling interest in denying marriage licenses to same-sex couples and even assuming that it had it had not proven that HRS § 572-1 was narrowly tailored to avoid unnecessary abridgement of constitutional rights. He enjoined the state from refusing to issue marriage licenses to otherwise-qualified same-sex couples. The following day, Chang stayed his ruling, acknowledging the "legally untenable" position couples would be in should the Hawaii Supreme Court reverse him on

appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

. On December 9, 1999, the Hawaii Supreme Court, following the passage of a

constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...

empowering the

to limit marriage to opposite-sex couples, ruled that "The passage of the marriage amendment placed HRS § 572-1 on new footing. The marriage amendment validated HRS § 572-1 by taking the statute out of the ambit of the equal protection clause of the Hawaii Constitution, at least insofar as the statute, both on its face and as applied, purported to limit access to the marital status to opposite-sex couples. Accordingly, whether or not in the past it was violative of the equal protection clause in the foregoing respect, HRS § 572-1 no longer is. In light of the marriage amendment, HRS § 572-1 must be given full force and effect." Because the remedy sought by the plaintiffs – access to marriage licenses – was no longer available, this reversed Chang's ruling and remanded the case for entry of judgment in favor of the defendant. As no federal constitutional issues were raised, the case could not be brought to the U.S. Supreme Court.

Constitutional Amendment 2 (1998)

Following a 1993 decision by the Hawaii Supreme Court that found the state's refusal to grant same-sex couples marriage licenses discriminatory, voters in 1998 approved a

granting the

the power to reserve marriage to opposite-sex couples, which made it impossible to challenge the state's ban on same-sex marriage. The state had enacted a

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

defining marriage as an institution for "one man and one woman" in 1994, following the first state court decision that questioned the state's denial of marriage licenses to same-sex couples. Both the statute and the constitutional amendment were passed around the same time as the federal '' Defense of Marriage Act'' (DOMA; haw, Kānāwai Kūpale Male o ka makahiki 1996) was enacted into law by the United States Congress.

Civil unions (2009–2011)

Civil unions ( haw, uniona kīwila, ) were introduced in Hawaii on January 1, 2012, following the passage of legislation in early 2011. These unions provide all of the rights, benefits and responsibilities of marriage at the state level. In 1997, the state established reciprocal beneficiary relationships, open to all couples as well as blood relatives, offering numerous spousal rights including the ability to sue for wrongful death, decisions about

health care Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health profe ...

, proptery rights and co-tenancy, inheritance without a will, and insurance and state pensions. Bills creating civil unions were considered several times, but failed to receive approval in legislative committees before 2009. In 2010, ''

Hawaii House Bill 444 House Bill 444 (abbreviated H.B. 444) was a 2009 bill of the Hawaii State Legislature, passed in April 2010 and vetoed by Governor of Hawaii Linda Lingle, that would have legalized civil unions for couples in the state of Hawaii. Its legislative ...

(HB 444)'', which would have created civil unions for same-sex and opposite-sex couples, passed the Hawaii House of Representatives and the Hawaii Senate. Governor Linda Lingle vetoed it in July 2010. Following Lingle's veto, the American Civil Liberties Union and Lambda Legal filed ''Young v. Lingle'' on behalf of six same-sex couples. The suit, while acknowledging that the state has the constitutional authority to limit marriage to opposite-sex couples, asserted that the State Constitution still mandates that same-sex couples be accorded equal treatment. The suit was withdrawn on March 31, 2011. A bill substantively similar to ''HB 444'', ''Senate Bill 232'', was passed on January 26, 2011 by the Senate Judiciary and Labor Committee in a 3–2 vote, and was passed by the Senate 19–6 on January 28; a modification to the bill was then made in the House of Representatives before passage on February 11 by a vote of 31–19. The Senate passed the revised bill on February 16, and Governor Neil Abercrombie signed it into law on February 23. Civil unions began on January 1, 2012. 417 couples obtained a civil union in the first six months after the law went into effect. Low participation may have been the result of technical issues that surrounded the conversion of a reciprocal beneficiary relationship to a civil union. A bill correcting the transitional issues was signed into law on July 6, 2012. At the end of 2012, over 700 couples had established civil unions. Since Hawaii enacted same-sex marriage in November 2013, civil unions remain an option for both opposite-sex and same-sex couples to access, making Hawaii one of only four states ( Colorado, Illinois and New Jersey being the other three; several other states also recognize

domestic partnerships A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...

providing many of the benefits of marriage) to allow for this practice.

''Jackson'' case (2012–2014)

On December 7, 2011, a same-sex couple filed suit in

U.S. district court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...

to obtain marriage licenses in Hawaii, which at that time denied licenses to such couples. The state's denial was based on its marriage laws: Article 1 § 23 of the Hawaii Constitution, which leaves any decision on same-sex marriage to the Hawaii State Legislature, along with (since repealed) HRS § 572-1, which defined marriage only "between a man and a woman." The initial suit was styled ''Jackson v. Abercrombie'', after first-named plaintiff Natasha Jackson and first-named defendant Governor Neil Abercrombie. On January 27, 2012, an amended complaint added plaintiff Gary Bradley, a partner in a same-sex civil union, who wanted to marry but thought it futile to apply. The plaintiffs argued that the marriage laws violated the

Due Process Clause In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...

and

Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...

of the U.S. Constitution. Governor Abercrombie agreed with the plaintiffs that the ban violated both clauses of the U.S. Constitution, but the state's Director of Health, Loretta Fuddy, was allowed to defend the ban. In an order issued on August 8, 2012, U.S. District Court Judge Alan Kay rejected the plaintiffs' claims and granted defendants' motion for summary judgment, upholding Hawaii's ban on same-sex marriage. Judge Kay's ruling became the first court decision to cite the "New Family Structure" research of Mark Regnerus, research discredited by the

American Sociological Association The American Sociological Association (ASA) is a non-profit organization dedicated to advancing the discipline and profession of sociology. Founded in December 1905 as the American Sociological Society at Johns Hopkins University by a group of fif ...

as well as thoroughly rejected by the

U.S. District Court for the Northern District of California The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, Del ...

during the ''

Hollingsworth v. Perry ''Hollingsworth v. Perry'' was a series of United States federal court cases that re-legalized same-sex marriage in the state of California. The case began in 2009 in the U.S. District Court for the Northern District of California, which found that ...

'' trial. The plaintiffs in ''Jackson'' appealed Judge Kay's ruling to the Ninth Circuit Court of Appeals, now restyled as ''Jackson v. Fuddy''. The appeal was initially scheduled to be heard on a parallel track with a similar Nevada case before the same court, ''

Sevcik v. Sandoval ''Sevcik v. Sandoval'' is the lead case that successfully challenged Nevada's denial of same-sex marriage as mandated by that state's constitution and statutory law. The plaintiffs' complaint was initially filed in the U.S. District Court for t ...

'', until both cases were placed on hold, pending

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

decisions in two other same-sex marriage cases, ''Hollingsworth v. Perry'' and '' United States v. Windsor''. Those cases were resolved on June 26, 2013, and on November 13, Hawaii enacted the ''Hawaii Marriage Equality Act'', ending its ban on same-sex marriage. Despite that legislation, the plaintiffs did not withdraw their suit as moot, but pressed their appeal seeking to have the lower court's order overturned. The Ninth Circuit heard oral arguments on September 8, 2014, along with ''Sevcik'' and another related case, ''

Latta v. Otter ''Latta v. Otter'' is a case initiated in 2013 in U.S. federal court by plaintiffs seeking to prevent the state of Idaho from enforcing its ban on same-sex marriage. The plaintiffs won in U.S. District Court. The case was appealed to the Ninth Cir ...

'', before Judges Stephen Reinhardt,

Ronald M. Gould Ronald Murray Gould (born October 17, 1946) is an American lawyer and jurist serving as a U.S. circuit judge of the U.S. Court of Appeals for the Ninth Circuit since 1999. Education Gould was born in 1946 in St. Louis, Missouri. He graduate ...

, and

Marsha Berzon Marsha Lee Berzon ( Siegel; born April 17, 1945) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Education and legal training Berzon graduated with a Bachelor of Arts degree from Radcliffe ...

. The Ninth Circuit announced on October 10, 2014 that it had dismissed the case as moot because of Hawaii's legalization of same-sex marriage and voided the district court's decision.

Same-sex marriage legislation (2013)

In January 2013, a bill to legalize same-sex marriage in Hawaii was brought before the

State Legislature A state legislature is a legislative branch or body of a political subdivision in a federal system. Two federations literally use the term "state legislature": * The legislative branches of each of the fifty state governments of the United Sta ...

, but the bill died without legislative action. By September, after both the U.S. Supreme Court decisions in ''United States v. Windsor'' and ''Hollingsworth v. Perry'', as well as months of negotiations within the Senate and House

Democratic Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...

caucuses and with leaders of both chambers of the Legislature, Governor Neil Abercrombie called forth a special session for October 28, with the promise of signing the bill, and the chamber leaderships were confident in having the necessary majority for passage. The state Senate passed the marriage bill on October 30 by a vote of 20–4, and the House followed by a 30–19 vote on November 8, though not before an extensive 'citizens

filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...

' attempt to block the bill's progress. The bill returned to the Senate for approval of House amendments which expanded religious exemptions and the Senate provided final legislative approval on November 12, voting 19–4 for passage. Governor Abercrombie signed the bill on November 13, and same-sex couples began marrying on December 2, 2013. The first same-sex couple to marry in Hawaii was Jonipher Kwong and Chris Nelson seconds after midnight on December 2 at the First Unitarian Church in Honolulu. In the first two weeks after the law went into effect, 526 same-sex couples had applied for marriage licenses. The law makes provisions to recognize same-sex marriages performed in other states and countries:

Legal challenges

Hawaii Circuit Court Judge Karl Sakamoto heard a legal challenge to the marriage bill filed by Representative Bob McDermott, who contended that the 1998 constitutional amendment prohibited the State Legislature from allowing same-sex marriage. The lawsuit sought to prevent any government official from issuing a marriage license until the question of constitutionality was decided. On November 14, Judge Sakamoto ruled that the constitutional amendment in question did not force the State Legislature to define marriage as between one man and one woman, and that it only gave the Legislature the power to reserve marriage for opposite-sex couples if it chose to do so, and that "after all the legal complexity of the court's analysis, the court will conclude that same-sex marriage in Hawaii is legal." The court granted the state's motion to dismiss the lawsuit, ''McDermott v. Abercrombie'', on January 29, 2014. An appeal of the dismissal of the ''McDermott'' case was heard in the Hawaii Supreme Court, with oral arguments occurring on December 18, 2014. On May 27, 2015, following the retitling of the case to ''McDermott v. Ige'', with the election of David Ige as governor, the court ruled that the appellants did not have standing to challenge the constitutionality of the ''Hawaii Marriage Equality Act''. Another challenge, ''Amsterdam v. Abercrombie'', was filed by a Hawaii resident on November 25, 2013. On February 19, 2014, Hawaii District Court Judge

Susan Oki Mollway Susan Oki Mollway (born November 6, 1950) is a Senior United States district judge of the United States District Court for the District of Hawaii and the first East Asian woman ever appointed to a life-time position on the federal bench. Early l ...

found that the plaintiff lacked standing and dismissed the challenge. In August 2016, the Ninth Circuit Court of Appeals upheld the case's dismissal.

Economic impact of same-sex marriage

A June 2010 study conducted by the University of California, Los Angeles indicated that same-sex couples would spend between $4.2 and $9.5 million on their wedding celebrations, if allowed to marry in Hawaii. Out-of-state guests would spend an additional $17.8 to $40.3 million, which would in turn create 193 to 333 new jobs in Hawaii primarily in the events and travel industries. The figures in the study were estimated based on a four-year period. A July 2013 study conducted by the University of Hawaii estimated an additional $217 million in visitor spending over the following three years if Hawaii legalized same-sex marriage. Analysis published in 2015 by NerdWallet estimated the annual economic impact of same-sex marriage in Hawaii at approximately $26.6 million.

Marriage statistics and notable weddings

By June 30, 2015, 4,028 same-sex couples had married in the state of Hawaii since legalization on December 2, 2013, making up 10.5% of the state's 38,254 marriages contracted in that time. According to the Hawaii Department of Health, the number of same-sex marriages performed in the state is as follows: Note: * Includes Kalawao County In October 2017, Abigail Kinoiki Kekaulike Kawānanakoa, granddaughter of David Kawānanakoa, the founder of the House of Kawānanakoa and through his mother, Victoria Kinoiki Kekaulike, the nephew of Queen Kapiʻolani, married her partner Veronica Gail Worth in Honolulu. The couple were married in a ceremony performed at the home of Justice

Steven Levinson Steven H. Levinson (born June 8, 1946, in Cincinnati, Ohio) is a former Associate Justice of the Supreme Court of Hawaii. Levinson served his first term from 1992 to 2002 and was retained by the Judicial Selection Commission to serve a second te ...

. This was the first same-sex marriage for a member of the Hawaiian royal family.

Public opinion

{, class="wikitable" , +style="font-size:100%" , Public opinion for same-sex marriage in Hawaii , -style="text-align:right;" ! style="width:190px;", Poll source ! style="width:200px;", Date(s)
administered ! class=small , Sample
size ! Margin of
error ! style="width:100px;", % support ! style="width:100px;", % opposition ! style="width:40px;", % no opinion ! style="width:40px;", % does not matter , -
Public Religion Research Institute
, align=center
March 8–November 9, 2021
, align=center, ? , align=center, ? , align=center, 69% , align=center, 29% , align=center, 2% , align=center, - , -
Public Religion Research Institute
, align=center
January 7–December 20, 2020
, align=center, 176 random telephone
interviewees , align=center, ? , align=center, 66% , align=center, 26% , align=center, 8% , align=center, - , -
Public Religion Research Institute
, align=center
April 5–December 23, 2017
, align=center, 298 random telephone
interviewees , align=center, ? , align=center, 68% , align=center, 20% , align=center, 12% , align=center, - , -
Public Religion Research Institute
, align=center
May 18, 2016–January 10, 2017
, align=center, 438 random telephone
interviewees , align=center, ? , align=center, 68% , align=center, 25% , align=center, 7% , align=center, - , -
Public Religion Research Institute
, align=center
April 29, 2015-January 7, 2016
, align=center, 239 random telephone
interviewees , align=center, ? , align=center, 61% , align=center, 29% , align=center, 10% , align=center, - , -
New York Times/CBS News/YouGov
, align=center, September 20–October 1, 2014 , align=center, 1,319 likely voters , align=center, ± 3.6% , align=center, 59% , align=center, 26% , align=center, 15% , align=center, - , -
Public Religion Research Institute
, align=center
April 2, 2014–January 4, 2015
, align=center, 195 random telephone
interviewees , align=center, ? , align=center, 64% , align=center, 31% , align=center, 3% , align=center, - , -
Civil Beat
, align=center, October 9–10, 2013 , align=center, 819 registered voters , align=center, ± 3.4% , align=center, ''44%'' , align=center, ''44%'' , align=center, 4% , align=center, 7% , -
QMark Research
, align=center, July 26–30, 2013 , align=center, 442 random telephone
interviewees , align=center, ? , align=center, 54% , align=center, 31% , align=center, - , align=center, - , -
Anzalone Liszt Grove Research
, align=center, January 14–18, 2013 , align=center, 500 residents , align=center, ? , align=center, 55% , align=center, 37% , align=center, - , align=center, - , - , rowspan=3 colspan=1
Civil Beat
, rowspan=3 colspan=1 align=center , 2012 , align=center, ? registered voters , rowspan=3 colspan=1 align=center , ± 2.9% , align=center, 37% , align=center, 51% , align=center, 12% , align=center, - , - , align=center, ? likely voters , align=center, 40% , align=center, ''49%'' , align=center, 11% , align=center, - , - , align=center, ? non-voters , align=center, 27% , align=center, 57% , align=center, 16% , align=center, - , -
Public Policy Polling
, align=center, October 13–16, 2011 , align=center, 568 voters , align=center, ± 4.1% , align=center, ''49%'' , align=center, 40% , align=center, 11% , align=center, - , -
Civil Beat
, align=center, 2008 , align=center, ? voters , align=center, ± 2.9% , align=center, 43% , align=center, ''44%'' , align=center, 13% , align=center, - , -

References

External links

About Reciprocal Beneficiary Relationships
Hawaii State Department of Health
About Civil Unions
Hawaii State Department of Health {{Oceania in topic, Same-sex marriage in Hawaii LGBT rights in Hawaii 2013 in LGBT history 2013 in Hawaii