Hawaii Legislature To Debate Same-Sex Marriage

Later this week, the Hawaii legislature will take up a bill to legalize same-sex marriage:

(Reuters) – Hawaii, which had a pioneering role in the acceptance of same-sex marriage in the United States two decades ago, could become the 15th state to extend marriage rights to gay couples when state lawmakers meet this week for a special session.

Governor Neil Abercrombie, a Democrat, has called the session to start on Monday to debate a bill that would legalize same-sex marriage.

“I think Hawaii has always celebrated its sense of Aloha for one another,” Abercrombie said in a telephone interview. “This is a question of equity.”

In 1993, the Hawaii Supreme Court ruled it was discriminatory to deny marriage rights to same-sex couples.

But rather than pave the way for a gay marriage law, the ruling prompted a conservative backlash. In 1998, Hawaiian voters approved a constitutional amendment that limited the right to marry to heterosexual couples.

The tide has begun to turn under Abercrombie, who was elected in 2010. He signed a same-sex civil unions bill into law in 2011, and has been a vocal proponent of gay marriage since then.

“To win now through the political process in Hawaii would show just how far public opinion in our nation has evolved, and how quickly,” said Jon Davidson, legal director at Lambda Legal, which promotes gay civil rights. “It would demonstrate that … allowing same-sex couples the same right to marry that different-sex couples cherish only provides greater joy and security to more families, and harms no one.”

(…)

The debate over same-sex matrimony has long divided the “Aloha State,” and the special session will be greeted by rival demonstrations. On Sunday, proponents plan an “All You Need is Love” rally in Honolulu and opponents will follow with a “Let the People Decide” gathering on Monday.

In recent days, opponents of the bill have gathered on the sides of volcanic mountain highways and dense urban streets with signs saying “Let the People Vote on Marriage.”

“They’re starting House hearings on Halloween, when many of those opposed will be busy with their families, so we’re telling people to bring their kids trick-or-treating at the state capitol,” said Jim Hochberg, president of Hawaii Family Advocates, the leading group opposing the governor’s bill.

Donald Bentz, head of the gay rights group Equality Hawaii, said he was hopeful the bill would pass and said it was bad policy to allow voters – rather than lawmakers or the courts – to decide civil rights questions.

“Whenever you leave the rights of a minority up to the majority, that’s a bad day,” he said.

Political observers say that Governor Neil Abercrombie would not have called the legislature back into session if he wasn’t assured that the legislation would pass. And, indeed, given the fact that both are dominated by the Democratic Party (there are only 8 Republican state legislators in total, seven in the House of Representatives and one in the State Senate) one would think that passage would be assured, but nothing’s for sure until the votes are counted.

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Doug Mataconis
About Doug Mataconis
Doug holds a B.A. in Political Science from Rutgers University and J.D. from George Mason University School of Law. He joined the staff of OTB in May 2010. Before joining OTB, he wrote at Below The BeltwayThe Liberty Papers, and United Liberty Follow Doug on Twitter | Facebook

Comments

  1. stonetools says:

    Political observers say that Governor Neil Abercrombie would not have called the legislature back into session if he wasn’t assured that the legislation would pass. And, indeed, given the fact that both are dominated by the Democratic Party (there are only 8 Republican state legislators in total, seven in the House of Representatives and one in the State Senate) one would think that passage would be assured, but nothing’s for sure until the votes are counted.

    The good thing here is that Doug has conceded -albeit obliquely- that legislative success on the issue of marriage equality relies on the existence of Democratic majorities. Maybe on a future post he’ll draw the obvious conclusion. Baby steps.

  2. bill says:

    states rights, that’s all!

  3. Repleh says:

    @stonetools:
    One veteran Republican House member, Cynthia Thielen, is voting yes.

  4. OzarkHillbilly says:

    @bill:

    states rights, that’s all!

    You know, I keep reading that pesky little document known as the Constitution of the United States and nowhere in it can I find any such animal called “States Rights”? In fact, if one takes the time to peruse the 9th Amendment, one finds that it says:

    “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

    And, if one should so choose to read it, one finds that Article 1, sec 10 begins it’s 3 paragraphs thusly:

    “No State shall enter into any Treaty, Alliance, or Confederation….”

    “No State shall, without the Consent of the Congress, ….”

    “No State shall, without the Consent of Congress,…”

  5. rudderpedals says:

    ++amendment;

  6. Franklin says:

    “I think Hawaii has always celebrated its sense of Aloha for one another,” Abercrombie said in a telephone interview. “This is a question of equity.”

    Equity or equality?

  7. Laurence Bachmann says:

    @Franklin: Why not both–fairness and equal rights are surely both relevant to SSM arguments.