The Hawaii Marriage Equality Act of 2013 is legislation passed by 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 ...
as Senate Bill 1 (SB1) and signed by
Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Neil Abercrombie
Neil Abercrombie (born June 26, 1938) is an American politician who served as the seventh governor of Hawaii from 2010 to 2014. He is a member of the Democratic Party.
Born in Buffalo, New York, Abercrombie is a graduate of Union College and the ...
which legalized
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
in the U.S. state of
Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
.
Prior to the bill's enactment, same-sex couples in the state of Hawaii were
allowed to form civil unions (since 2012) or
reciprocal beneficiary relationships (RBRs, since 1997); however, civil unions are both legally limited to civil officials in their performance and unrecognized by the federal government, and RBRs are even more limited by the rights and privileges accorded.
History
Before the special session
In January 2013, a bill was introduced in the Hawaii House of Representatives and Senate that would legalize same-sex marriage. Despite the support of Governor
Abercrombie
Abercrombie may refer to:
People
* Abercrombie Lawson (1870–1927), botanist and professor
* Abercrombie (surname) (list of people with the family name Abercrombie)
Places Americas
* Abercrombie, North Dakota, United States, city in Richland ...
and the
Hawaii Congressional delegation
Since Hawaii became a state in 1959, it has sent congressional delegations to the United States Senate and United States House of Representatives. Each state elects two senators to serve for six years. Members of the House of Representatives are ...
, the Legislature adjourned without voting on the legislation.
In July 2013, following the U.S. Supreme Court rulings in ''
United States v. Windsor
''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
'' and ''
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 ...
'', lawmakers considered a special session to vote on the legislation, but House and Senate leaders said they did not have the required two-thirds majority to call a special session. The Legislature's regular session resumes in January 2014, unless Governor Abercrombie calls a special session, which he says is "very likely". On August 19, a group of religious leaders in Hawaii signed a resolution calling on the state to enact a same-sex marriage law. On the same day, Governor Abercrombie told a gathering of state Democrats: "I think we can put together something that can achieve a solid majority, that will give us the opportunity to establish marriage equity in the state of Hawaii commensurate with the recent Supreme Court decisions, and will satisfy and resolve the issues that are presently before the appeals court on the mainland." On August 22, Hawaii State House Speaker Joseph Souki acknowledged that a majority of House lawmakers supported same-sex marriage, indicating that both houses of the legislature have majorities that would support same-sex marriage legislation in a special session. On the same day, State Representative Denny Coffman, a supporter of same-sex marriage, announced his support of a special session, which he had previously opposed when unaware that the governor's office and the State Attorney General's office were working on draft legislation. On August 29, Governor Abercrombie released a draft bill and said he would let lawmakers review it before deciding whether to call a special session. On the same day, The State Central Committee of the
Democratic Party of Hawaii
The Democratic Party of Hawaii ( haw, ʻAoʻao Demokalaka o Hawaiʻi) is the affiliate of the Democratic Party in the state of Hawaii.
The party is a centralized organization established to promote the party platform as drafted in convention b ...
unanimously approved a resolution calling on state lawmakers to approve a same-sex marriage bill immediately.
The Roman Catholic Bishop of Honolulu,
Larry Silva
Hilarion "Larry" Cuenca Silva (October 21, 1937 – April 27, 2004), also known as Pipoy, was a Filipino comedian, film actor, television personality, boxer and politician. He started as an amateur boxer before being discovered in the show busi ...
, sent a letter to legislators on August 22 asking them to support traditional marriage and protect religious freedom by opposing same-sex marriage legislation. He then wrote a letter to parishioners published August 24-5 that said that a special session "could happen any day" and asked for prayers "for a change of heart and the formation of an informed conscience" and for courteous lobbying efforts. He described prohibiting same-sex marriage as a "just" form of discrimination, warned that legalization of polygamy and incest would follow, and described children raised by same-sex parents as "the greatest casualties" of legalization. He asked: "Would churches that refuse to celebrate same-sex marriage because of deeply held religious convictions be deprived of the freedom to live those convictions?" and "Would Christians, Muslims, and others who believe that homosexual acts are contrary to God's law be persecuted for holding on to those beliefs?"
Legislature special session
On September 9, Governor Abercrombie announced that he is calling 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 ...
into special session on October 28 to consider the same-sex marriage bill. The bill had wide support in the Senate as well as the required majority in the House. If approved, the bill would take effect November 18.
[SB1, Relating to Equal Rights](_blank)
Hawaii Legislature
On October 28, the Senate Committee on Judiciary and Labor debated and passed same-sex marriage legislation in a 5-2 vote, sending the bill to a full Senate vote. On October 30, the Senate approved the legislation in a 20-4 vote, sending the bill to the House. The bill was then debated by the joint House Committees on Judiciary and on Finance for several days beginning October 31, as 5,184 people signed up to testify. By the end of November 4, all initial testifiers had been heard. During the hearings, opponents of the bill were suspected of having people sign up to testify multiple times under different names to prolong the hearing process. On November 5, both House committees passed same-sex marriage legislation (Judiciary committee 8 to 5 and Finance committee 10 to 7), sending the bill to a full House vote.
Following extensive public debate and an attempted '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 ...
' of the legislation to block its progress, the full state House advanced the same-sex marriage bill to a final vote 30-18, a key hurdle for the measure that would allow same-sex couples to marry while also expanding a religious exemption amendment beyond what the Senate had approved. On November 8, House then passed the bill on its third (and final) reading 30-19. As the House amended the bill, the Senate would also have to approve the expanded religious exemption amendment for the bill to become law. The Senate voted 19-4 in favor of the amended bill on November 12, and the final version of the bill was signed into law by Governor Abercrombie on November 13.
The law went into full effect on December 2, 2013.
Public reaction
Hundreds of people appeared at the State Capitol demonstrating in support and in opposition to the bill from the day of a key House vote on November 6 through the final Senate vote on November 12. To maintain security, the House and Senate Sergeants-at-Arms divided space in the Capitol rotunda and on the sidewalk fronting Beretania Street between supporters and opponents, and set up barricades to physically separate the two groups.
Lawsuit
A lawsuit was filed during the special legislative session by State Representative
Bob McDermott
Robert Charles McDermott (born August 5, 1963) is an American politician and a Republican member of the Hawaii House of Representatives since November 6, 2012, representing District 40 (ʻEwa, ʻEwa Beach, ʻEwa Gentry, Iroquois Point).
McDermo ...
, a Republican member of the House who was opposed to same-sex marriage. The lawsuit sought a temporary injunction against implementing SB1, and challenged the constitutionality of the bill. Rep. McDermott and other plaintiffs based the lawsuit on the claim that voters believed that
Hawaii Constitutional Amendment 2 of 1998 only allowed the Legislature to ban same-sex marriage and simultaneously barred the reverse. Circuit Court Judge Karl Sakamoto denied the request for the injunction on November 14, ruling that "the court will conclude that same-sex marriage in Hawaii is legal". The state filed a motion to dismiss the lawsuit in December 2013,
[ ] which was granted on January 29, 2014. The Hawaii Supreme Court ruled on May 27, 2015 that Rep. McDermott and other plaintiffs did not show any injury from the enactment of the Hawaii Marriage Equality Act, meaning they did not have
standing
Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
to challenge the law, and dismissed their case.
[ ]
See also
*
Same-sex marriage legislation in the United States
In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.
...
*Other states that have legalized same-sex marriage by statute:
**
Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
**
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
**
Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
**
New Hampshire
New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
**
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
(
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 ...
)
**
Rhode Island
Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
**
Vermont
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
(
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 ...
)
References
{{reflist
External links
Senate Bill 1 archived status page(2nd Special Session of 2013), Hawaii State Legislature
Marriage license information Hawaii Department of Health
FAQ pageabout the Hawaii Marriage Equality Act of 2013, Office of the Governor of the State of Hawaii
Same-sex marriage legislation in the United States
LGBT rights in Hawaii
Hawaii statutes
2013 in Hawaii
2013 in LGBT history