Hawaii House Bill 444
Encyclopedia
House Bill 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 process was accompanied by controversy over the bill's content and effects and rallies were held by supporters and opponents.
The bill passed the Hawaii House of Representatives
in February 2009 in a form specific to same-sex couples, was passed in amended form including opposite-sex couples by the Hawaii Senate
in May 2009, and was carried over in the 2010 session, where it passed the Senate again in January 2010 with a veto-proof majority. The bill moved back to the House but was indefinitely postponed by a voice vote initiated by House Speaker Calvin Say
, requiring a vote of two-thirds of Representatives to be taken up again in 2010, and was considered dead. In April 2010, on the last day of the legislative session, the House suspended the rules on the Senate bill and passed it with a majority, sending the bill to Governor Linda Lingle
, who vetoed it in July 2010.
Hawaii does not allow same-sex marriages
or civil unions, but two unmarried people can register for a reciprocal beneficiary relationship, which provides some of the rights and benefits that come with marriage. The bill was written to become law on January 1, 2010, would allow all couples to obtain rights equal to those of married couples, and make Hawaii the only state in the Western United States
to allow civil unions instead of domestic partnerships.
Section 1, § —9 of House Bill 444 explained that "partners to a civil union ... shall have all the same rights, benefits, protections, and responsibilities under law ... as are granted to spouses in a marriage." The bill also recognized domestic partnerships, civil unions, and same-sex marriages performed in other states as civil unions in Hawaii, and would have taken effect on January 1, 2010. In addition, House Bill 444 repealed a statute that declared "private solemnization not unlawful."
House Bill S.D. 1 444 as passed by the Hawaii Senate was amended to remove the bill's reference to same-sex couples, include language stating the legislature's intent not change the definition of marriage, and include partners in civil unions for use of the terms "spouse", "family", "immediate family", "dependent", and "next of kin". The language of the bill's coming into effect remained unchanged at January 1, 2010.
, a 1993 decision by the Supreme Court of Hawaii that found the state's refusal to grant same-sex couples marriage licenses discriminatory, voters in 1998 approved a constitutional amendment
granting the Hawaii State Legislature the power to reserve marriage to opposite-sex couples, and the legislature passed a law banning same-sex marriage. Civil unions were not restricted. Bills creating civil unions were considered several times, but failed to receive committee approval prior to 2009.
on February 12, 2009, with 33 members voting in favor and 17 opposed, one vote fewer than the two-thirds vote
needed to override a veto by the Republican
Governor Linda Lingle
, who did not indicate whether she considered a veto. It was referred to the Hawaii Senate
on February 13, 2009. A hearing by the Committee on Judiciary and Government Operations (JGO) was held at the State Capitol on February 24, 2009, with the outcome of three senators supporting the bill and three opposed; the bill was not passed out of committee.
The Senate Democratic leadership stated the bill might be taken from committee and brought to a debate before the full Senate, which was possible after March 10, 2009. Following a rally held on February 22, 2009, that opposed the passage of H.B. 444 and in which between 2,000 and 8,000 people participated, a number of Democratic senators became unwilling to vote in favor of the motion, citing concerns about changing common Senate procedure. The number of senators supporting civil unions was reduced from 18 to 13 out of 25 senators. Supporters held a candlelight vigil
attended by 300 to 400 people in support of the bill on March 7, 2009.
Senator Will Espero offered an amendment to the bill that would have reduced the number of benefits granted, stating this would remove concerns that civil unions were similar to marriage. Passing an amended bill would have required the House to vote on it again or to establish a conference committee to negotiate differences between versions of both chambers. Supporters of civil unions stated they would not support the compromise, and a senator argued that "an amendment will kill it." Hawaii Senate Majority Leader Gary Hooser
stated in March 2009 he would try to bring the bill to a vote if no other senator did so by the end of the legislative session in May 2009. It was not clear how many senators supported Hooser and opposing groups announced protests if action was taken. On March 25, 2009, the attempt to bring the bill before the full Senate failed when six senators supported the measure instead of the required nine senators. Senate President Colleen Hanabusa
and JGO chairman Brian Taniguchi had opposed recalling H.B. 444 from Taniguchi's committee, citing unwillingness to change the traditional lawmaking process.
On May 7, 2009, a second motion to recall the bill from committee, initiated by Senator Les Ihara, was successful after 10 Democrats voted in favor. The Senate Democratic Leadership, Democrats opposed to civil unions, and Senate Republicans voted in favor of an amendment to the bill that added language reaffirming the distinction between civil unions and marriage and allowing same-sex and opposite-sex couples to enter civil unions. The amendment was adopted, which killed the bill, as a revised version required renewed approval by the Hawaii House of Representatives and the Legislature adjourned May 8, 2009. Senate President Hanabusa stated the issue would not be taken up again before 2010.
stated that a vote on the bill would depend on whether the Senate passed the bill with enough votes to override a gubernatorial veto, arguing that he does not want to force a vote on controversial legislation in an election year if the bill's approval was in doubt. The Senate bill contains an effective date of January 1, 2010, and if the language is not changed, the bill could be vetoed regardless of its content.
The Senate passed an unchanged bill on January 22, 2010, with a veto-proof two-thirds' majority, after an amendment to update the effective date was rejected. The measure moved for final approval to the House of Representatives, but on January 29, House Speaker Calvin Say moved to indefinitely postone a vote on the bill, which was approved by voice vote. No votes were recorded and the move deferred action on the bill for 2010 unless two-thirds of Representatives vote to reconsider the bill, and it was considered dead.
On April 29, the last day of the legislative session, the Senate bill was revived in the Hawaii House following a motion by Majority Leader Blake Oshiro
. Speaker Calvin Say immediately ordered a recess and after the representatives returned four votes to suspend legislative rules postponing the issue were taken and the bill passed with 31 to 20 votes. Governor Linda Lingle had until July 6 to decide whether to sign or veto the measure. The House vote margin in support is not large enough to override a gubernatorial veto. Lingle vetoed the bill on July 6, arguing civil unions should be decided by referendum. The House had ruled out any attempt to override her vetoes for the legislative session.
, Clarence Richard Silva
, called the bill "a travesty to the democratic process" that "ignores the will of the people." Marc Alexander, vicar general
of the Roman Catholic Diocese of Honolulu
, argued that civil unions are "same-sex marriage under a different name".
The non-profit organization
Hawaii Family Forum, which opposed the bill, organized the February 22 rally with local churches and achieved a large turnout. Interfaith Alliance Hawaii, made up of people of Christian
, Jewish
and Buddhist
faiths, stated their support for the bill and argued it did not "endanger [civil unions opponents'] concept of marriage or family values." Linda Krieger, a University of Hawaii
law professor and adviser for a student gay rights group, stated "where the fundamental civil rights of an unpopular minority are at stake, the principle of 'letting the people decide' is often a mere cloak for majoritarian tyranny." The First Unitarian Church of Honolulu
sponsored a poll that found 70 percent opposition to same-sex marriage and 67 percent support on whether gays and lesbians should have the "same rights as everyone else."
The Senate hearings on the bill attracted large turnout and testimony was recorded for 15 hours. In the hearing, bill opponents outnumbered supporters. Mike Gabbard
, who sponsored the 1998 defense of marriage amendment
, argued the bill would lead to same-sex marriage being taught in Hawaiian schools. Kim Coco Iwamoto
of the Hawaii Board of Education
countered civil unions would make children in gay families less likely to be harassed
. Lieutenant Governor of Hawaii
James Aiona
criticized the bill, arguing it "attempts to circumvent the will of the people by authorizing the equivalent to same-sex marriage". U.S. Representative
Neil Abercrombie
supported the bill, stating "it is shameful that while they must give their equal share to the government, the government will not give them equal protection" about gay and lesbian citizens of Hawaii.
The Honolulu Advertiser reported that the Senate Democratic leadership reconsidered their support for the bill because of the large demonstration of opponents and their pressure on senators to oppose the bill. It found that some senators privately suggested the bill's delay in committee or a proposed amendment
to the bill were ways to avoid taking a vote following the controversy.
The candlelight vigil
following the bill's defeat in committee was attended by labor union
members and religious groups. Father Richard Shields of the Episcopal Diocese of Hawaii
stated religion should be taken out of the argument and a spokesperson for the hotel and restaurant union Local 5 argued the bill provided economic justice
. A letter later sent to senators in support of the H.B. 444 by community groups
, including the Local 5 union, the Hawaii NAACP
, the Hawaii State Democratic Women's Caucus, and the Japanese American Citizens League.
In response to Majority Leader Gary Hooser
's statement that he intended to bring the bill to a vote before the full Senate, the Hawaii Family Forum stated other issues demanded more attention than civil unions and the bill would create legal challenges for child care and education
. The group held demonstrations on Maui
and Kauai
and stated their intention to hold demonstrations to ask the governor to veto
the legislation should the bill advance. Hooser argued for the bill using President
Barack Obama
's support of civil unions and the support of labor unions and the majority of Hawaii House representatives. The Honolulu Advertiser reported that Senate President Colleen Hanabusa
privately told senators the bill could lead to a lawsuit to legalize same-sex marriage. The American Civil Liberties Union
of Hawaii and Supreme Court of Hawaii judge Steven H. Levinson
told the legislature that a lawsuit would have little chance of success.
Following the adoption of the amended version of H.B. 444, Senator Les Ihara stated, "I have a hard time reconciling the statement that the proponents made, that this is for equal rights and civil unions—at the same time, this kills it for the session." Michael Golojuch of Parents, Families and Friends of Lesbians and Gays
called the vote "a dog-and-pony show". Hawaii Family Forum leader and former Democratic
state representative Dennis Arakaki commented that "things worked out for the good."
Hooser began a campaign in June 2009 to be elected Lieutenant Governor of Hawaii
in 2010, calling his support for the bill an act on a "critical issue". Neil Abercrombie
and James Aiona
are running to succeed Linda Lingle
as governor in the 2010 gubernatorial election
.
On July 6, 2010, following Lingle's veto of the bill, Lambda Legal
and the ACLU
announced that they would file a lawsuit to enable civil unions, stating that "our constitution prevents discrimination based on sexual orientation."Article I, Section 5 of the Hawaii State Constitution: "No person shall ... be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry."
Governor of Hawaii
The Governor of Hawaii is the chief executive of the state of Hawaii and its various agencies and departments, as provided in the Hawaii State Constitution Article V, Sections 1 through 6. It is a directly elected position, votes being cast by popular suffrage of residents of the state...
Linda Lingle
Linda Lingle
Linda Lingle was the sixth Governor of Hawaii. Lingle holds a number of distinctions: first Republican elected governor of Hawaii since the departure of William F...
, that would have legalized civil unions
Civil union in the United States
A civil union is a legally recognized union similar to marriage. Many people are critical of civil unions because they say they represent separate status unequal to marriage...
for couples in the state of Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
. Its legislative process was accompanied by controversy over the bill's content and effects and rallies were held by supporters and opponents.
The bill passed the Hawaii House of Representatives
Hawaii House of Representatives
The Hawaii House of Representatives is the lower house of the Hawaii State Legislature. Accord to Article III, Section 3 of the Hawaii Constitution, amended during the 1978 constitutional convention, the House of Representatives consists of 51 members representing an equal amount of districts...
in February 2009 in a form specific to same-sex couples, was passed in amended form including opposite-sex couples by the Hawaii Senate
Hawaii Senate
The Hawaii State Senate is the upper chamber of the Hawaii State Legislature. The senate consists of twenty-five members elected from an equal number of constituent districts across the islands. The senate is led by the President of the Senate, elected from the membership of the body, currently...
in May 2009, and was carried over in the 2010 session, where it passed the Senate again in January 2010 with a veto-proof majority. The bill moved back to the House but was indefinitely postponed by a voice vote initiated by House Speaker Calvin Say
Calvin Say
Calvin K.Y. Say is a Democratic member of the Hawaii State House of Representatives, representing the 20th District since 1977 and currently serving as Speaker of the House. He attended St...
, requiring a vote of two-thirds of Representatives to be taken up again in 2010, and was considered dead. In April 2010, on the last day of the legislative session, the House suspended the rules on the Senate bill and passed it with a majority, sending the bill to Governor Linda Lingle
Linda Lingle
Linda Lingle was the sixth Governor of Hawaii. Lingle holds a number of distinctions: first Republican elected governor of Hawaii since the departure of William F...
, who vetoed it in July 2010.
Hawaii does not allow same-sex marriages
Same-sex marriage in the United States
The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
or civil unions, but two unmarried people can register for a reciprocal beneficiary relationship, which provides some of the rights and benefits that come with marriage. The bill was written to become law on January 1, 2010, would allow all couples to obtain rights equal to those of married couples, and make Hawaii the only state in the Western United States
Western United States
.The Western United States, commonly referred to as the American West or simply "the West," traditionally refers to the region comprising the westernmost states of the United States. Because the U.S. expanded westward after its founding, the meaning of the West has evolved over time...
to allow civil unions instead of domestic partnerships.
Content of the bill
House Bill 444 H.D. 1 as introduced and passed by the Hawaii House of Representatives "extends the same rights, benefits, protections, and responsibilities of spouses in a marriage to partners in a civil union." To be eligible for a civil union, the bill outlined that the person seeking a civil union may not already be in a civil union, marriage, or reciprocal beneficiary relationship with someone else, the two people seeking a civil union must be of the same sex, both members of the civil union must be 18 years or older, and the two partners must not be related. The bill also enumerated familial relationships in which civil unions would be automatically nullified, such as a man with his father, grandfather, or son, or a woman with her mother, grandmother, or daughter. If one of the persons had a guardian, the guardian had to consent for the subject to obtain a civil union.Section 1, § —9 of House Bill 444 explained that "partners to a civil union ... shall have all the same rights, benefits, protections, and responsibilities under law ... as are granted to spouses in a marriage." The bill also recognized domestic partnerships, civil unions, and same-sex marriages performed in other states as civil unions in Hawaii, and would have taken effect on January 1, 2010. In addition, House Bill 444 repealed a statute that declared "private solemnization not unlawful."
House Bill S.D. 1 444 as passed by the Hawaii Senate was amended to remove the bill's reference to same-sex couples, include language stating the legislature's intent not change the definition of marriage, and include partners in civil unions for use of the terms "spouse", "family", "immediate family", "dependent", and "next of kin". The language of the bill's coming into effect remained unchanged at January 1, 2010.
Past bills
Following Baehr v. LewinBaehr v. Miike
Baehr v. Miike is a 1993 Supreme Court of Hawaii case in which three same-sex couples argued that the state's prohibition of same-sex marriage violated the state constitution...
, a 1993 decision by the Supreme Court of Hawaii that found the state's refusal to grant same-sex couples marriage licenses discriminatory, voters in 1998 approved a constitutional amendment
Hawaii Constitutional Amendment 2 (1998)
Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted...
granting the Hawaii State Legislature the power to reserve marriage to opposite-sex couples, and the legislature passed a law banning same-sex marriage. Civil unions were not restricted. Bills creating civil unions were considered several times, but failed to receive committee approval prior to 2009.
2009 session
H.B. 444 was introduced in the Hawaii House of Representatives on January 26, 2009. It passed the Hawaii House Judiciary Committee on February 5, 2009, with 12 members voting in favor and none opposed and was approved by the Hawaii House of RepresentativesHawaii House of Representatives
The Hawaii House of Representatives is the lower house of the Hawaii State Legislature. Accord to Article III, Section 3 of the Hawaii Constitution, amended during the 1978 constitutional convention, the House of Representatives consists of 51 members representing an equal amount of districts...
on February 12, 2009, with 33 members voting in favor and 17 opposed, one vote fewer than the two-thirds vote
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
needed to override a veto by the Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Governor Linda Lingle
Linda Lingle
Linda Lingle was the sixth Governor of Hawaii. Lingle holds a number of distinctions: first Republican elected governor of Hawaii since the departure of William F...
, who did not indicate whether she considered a veto. It was referred to the Hawaii Senate
Hawaii Senate
The Hawaii State Senate is the upper chamber of the Hawaii State Legislature. The senate consists of twenty-five members elected from an equal number of constituent districts across the islands. The senate is led by the President of the Senate, elected from the membership of the body, currently...
on February 13, 2009. A hearing by the Committee on Judiciary and Government Operations (JGO) was held at the State Capitol on February 24, 2009, with the outcome of three senators supporting the bill and three opposed; the bill was not passed out of committee.
The Senate Democratic leadership stated the bill might be taken from committee and brought to a debate before the full Senate, which was possible after March 10, 2009. Following a rally held on February 22, 2009, that opposed the passage of H.B. 444 and in which between 2,000 and 8,000 people participated, a number of Democratic senators became unwilling to vote in favor of the motion, citing concerns about changing common Senate procedure. The number of senators supporting civil unions was reduced from 18 to 13 out of 25 senators. Supporters held a candlelight vigil
Candlelight vigil
A candlelight vigil is an outdoor assembly of people carrying candles, held after sunset. Such events are typically held either to protest the suffering of some marginalized group of people, or in memory of lives lost to some disease, disaster, massacre or other tragedy. In the latter case, the...
attended by 300 to 400 people in support of the bill on March 7, 2009.
Senator Will Espero offered an amendment to the bill that would have reduced the number of benefits granted, stating this would remove concerns that civil unions were similar to marriage. Passing an amended bill would have required the House to vote on it again or to establish a conference committee to negotiate differences between versions of both chambers. Supporters of civil unions stated they would not support the compromise, and a senator argued that "an amendment will kill it." Hawaii Senate Majority Leader Gary Hooser
Gary Hooser
Gary Hooser is the former State Senate Majority Leader representing Kauaʻi and Niʻihau since 2002. He formerly served on the Kauai County Council for 4 years before becoming a Senator....
stated in March 2009 he would try to bring the bill to a vote if no other senator did so by the end of the legislative session in May 2009. It was not clear how many senators supported Hooser and opposing groups announced protests if action was taken. On March 25, 2009, the attempt to bring the bill before the full Senate failed when six senators supported the measure instead of the required nine senators. Senate President Colleen Hanabusa
Colleen Hanabusa
Colleen Wakako Hanabusa is the U.S. Representative for . She is a member of the Democratic Party. She was formerly a member of the Hawaii Senate, representing the 21st District since 1998...
and JGO chairman Brian Taniguchi had opposed recalling H.B. 444 from Taniguchi's committee, citing unwillingness to change the traditional lawmaking process.
On May 7, 2009, a second motion to recall the bill from committee, initiated by Senator Les Ihara, was successful after 10 Democrats voted in favor. The Senate Democratic Leadership, Democrats opposed to civil unions, and Senate Republicans voted in favor of an amendment to the bill that added language reaffirming the distinction between civil unions and marriage and allowing same-sex and opposite-sex couples to enter civil unions. The amendment was adopted, which killed the bill, as a revised version required renewed approval by the Hawaii House of Representatives and the Legislature adjourned May 8, 2009. Senate President Hanabusa stated the issue would not be taken up again before 2010.
2010 session
The bill was carried over into the 2010 session and Lingle stated in January 2010 that the bill was a distraction from the budget and should not be voted on for final passage in the Senate. Senator Brian Taniguchi argued the legislature could work on several issues simultaneously and the bill would pass. If passed, the amended bill would have to be approved by the House of Representatives. Speaker of the House Calvin SayCalvin Say
Calvin K.Y. Say is a Democratic member of the Hawaii State House of Representatives, representing the 20th District since 1977 and currently serving as Speaker of the House. He attended St...
stated that a vote on the bill would depend on whether the Senate passed the bill with enough votes to override a gubernatorial veto, arguing that he does not want to force a vote on controversial legislation in an election year if the bill's approval was in doubt. The Senate bill contains an effective date of January 1, 2010, and if the language is not changed, the bill could be vetoed regardless of its content.
The Senate passed an unchanged bill on January 22, 2010, with a veto-proof two-thirds' majority, after an amendment to update the effective date was rejected. The measure moved for final approval to the House of Representatives, but on January 29, House Speaker Calvin Say moved to indefinitely postone a vote on the bill, which was approved by voice vote. No votes were recorded and the move deferred action on the bill for 2010 unless two-thirds of Representatives vote to reconsider the bill, and it was considered dead.
On April 29, the last day of the legislative session, the Senate bill was revived in the Hawaii House following a motion by Majority Leader Blake Oshiro
Blake Oshiro
Blake Oshiro is an American politician, currently serving as Majority Leader of the Hawaii House of Representatives. He represents District 33, comprising the Honolulu neighborhoods of Aiea and Halawa...
. Speaker Calvin Say immediately ordered a recess and after the representatives returned four votes to suspend legislative rules postponing the issue were taken and the bill passed with 31 to 20 votes. Governor Linda Lingle had until July 6 to decide whether to sign or veto the measure. The House vote margin in support is not large enough to override a gubernatorial veto. Lingle vetoed the bill on July 6, arguing civil unions should be decided by referendum. The House had ruled out any attempt to override her vetoes for the legislative session.
Reactions
Following the introduction of H.B. 444, gay rights organizations stated their support, arguing the bill supported equality in an ethnically diverse state. Religious groups began to set up websites, take out newspaper advertisements and hold rallies in opposition to the bill, arguing it ran against marriage. The Roman Catholic Bishop of HonoluluRoman Catholic Bishop of Honolulu
The Roman Catholic Bishop of Honolulu is the residential bishop of the Roman Catholic Diocese of Honolulu in the United States, which encompasses the entire state of Hawaii and the unincorporated Hawaiian Islands. The Honolulu diocese is a suffragan see in the metropolitan province of the...
, Clarence Richard Silva
Clarence Richard Silva
Clarence Richard Silva, popularly known as Larry Silva , is a bishop of the Roman Catholic Church. He is the fifth Bishop of Honolulu, appointed by Pope Benedict XVI on May 17, 2005, to oversee the Diocese of Honolulu. Previous to his appointment to the epicopacy, he served as a diocesan priest...
, called the bill "a travesty to the democratic process" that "ignores the will of the people." Marc Alexander, vicar general
Vicar general
A vicar general is the principal deputy of the bishop of a diocese for the exercise of administrative authority. As vicar of the bishop, the vicar general exercises the bishop's ordinary executive power over the entire diocese and, thus, is the highest official in a diocese or other particular...
of the Roman Catholic Diocese of Honolulu
Roman Catholic Diocese of Honolulu
The Catholic Diocese of Honolulu, officially in Latin Dioecesis Honoluluensis, is an ecclesiastical territory or particular church of the Catholic Church in the United States...
, argued that civil unions are "same-sex marriage under a different name".
The non-profit organization
Non-profit organization
Nonprofit organization is neither a legal nor technical definition but generally refers to an organization that uses surplus revenues to achieve its goals, rather than distributing them as profit or dividends...
Hawaii Family Forum, which opposed the bill, organized the February 22 rally with local churches and achieved a large turnout. Interfaith Alliance Hawaii, made up of people of Christian
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
, Jewish
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
and Buddhist
Buddhism
Buddhism is a religion and philosophy encompassing a variety of traditions, beliefs and practices, largely based on teachings attributed to Siddhartha Gautama, commonly known as the Buddha . The Buddha lived and taught in the northeastern Indian subcontinent some time between the 6th and 4th...
faiths, stated their support for the bill and argued it did not "endanger [civil unions opponents'] concept of marriage or family values." Linda Krieger, a University of Hawaii
University of Hawaii
The University of Hawaii System, formally the University of Hawaii and popularly known as UH, is a public, co-educational college and university system that confers associate, bachelor, master, and doctoral degrees through three university campuses, seven community college campuses, an employment...
law professor and adviser for a student gay rights group, stated "where the fundamental civil rights of an unpopular minority are at stake, the principle of 'letting the people decide' is often a mere cloak for majoritarian tyranny." The First Unitarian Church of Honolulu
First Unitarian Church of Honolulu
The First Unitarian Church of Honolulu is the only Hawaii-based congregation within the Unitarian Universalist Association. It is located at 2500 Pali Highway in the Nu'uanu Valley.The congregation was founded in 1952 as a lay fellowship...
sponsored a poll that found 70 percent opposition to same-sex marriage and 67 percent support on whether gays and lesbians should have the "same rights as everyone else."
The Senate hearings on the bill attracted large turnout and testimony was recorded for 15 hours. In the hearing, bill opponents outnumbered supporters. Mike Gabbard
Mike Gabbard
Gerald Michael 'Mike' Gabbard is a Democratic member of the Hawaii Senate, representing the 19th District since 2006. He has social conservative political views and rose to prominence for his successful effort to pass an amendment to the Constitution of Hawaii in 1998 to give the state legislature...
, who sponsored the 1998 defense of marriage amendment
Hawaii Constitutional Amendment 2 (1998)
Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted...
, argued the bill would lead to same-sex marriage being taught in Hawaiian schools. Kim Coco Iwamoto
Kim Coco Iwamoto
Kim Coco Iwamoto was a member of the Hawaii Board of Education. Iwamoto was elected in November 2006, making her at that time the highest ranking transgender elected official in the United States and the first transgender official to win statewide office...
of the Hawaii Board of Education
Board of education
A board of education or a school board or school committee is the title of the board of directors or board of trustees of a school, local school district or higher administrative level....
countered civil unions would make children in gay families less likely to be harassed
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
. Lieutenant Governor of Hawaii
Lieutenant Governor of Hawaii
The Lieutenant Governor of Hawaii, concurrently the Secretary of State of Hawaii, is the assistant chief executive of that U.S. state and its various agencies and departments, as provided in the Hawaii State Constitution Article V, Sections 2 though 6. He or she is elected by popular suffrage of...
James Aiona
James Aiona
James R. "Duke" Aiona, Jr. is an American politician who served as Lieutenant Governor of Hawaii from 2002 to 2010. He is of Hawaiian, Chinese, and Portuguese descent...
criticized the bill, arguing it "attempts to circumvent the will of the people by authorizing the equivalent to same-sex marriage". U.S. Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Neil Abercrombie
Neil Abercrombie
Neil Abercrombie is the 7th and current Governor of Hawaii. He was the Democratic U.S. Representative of the First Congressional District of Hawaii which comprises urban Honolulu. He served in Congress from 1986 to 1987 and from 1991 to 2010 when he resigned to successfully run for governor...
supported the bill, stating "it is shameful that while they must give their equal share to the government, the government will not give them equal protection" about gay and lesbian citizens of Hawaii.
The Honolulu Advertiser reported that the Senate Democratic leadership reconsidered their support for the bill because of the large demonstration of opponents and their pressure on senators to oppose the bill. It found that some senators privately suggested the bill's delay in committee or a proposed amendment
Amend (motion)
-Explanation and Use:-Main Motions:Any main motion and any motion to amend may be amended. However, a motion to amend a motion to amend may not be amended, due to the overly complex parliamentary situation that would frequently result.-Secondary Motions:...
to the bill were ways to avoid taking a vote following the controversy.
The candlelight vigil
Candlelight vigil
A candlelight vigil is an outdoor assembly of people carrying candles, held after sunset. Such events are typically held either to protest the suffering of some marginalized group of people, or in memory of lives lost to some disease, disaster, massacre or other tragedy. In the latter case, the...
following the bill's defeat in committee was attended by labor union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
members and religious groups. Father Richard Shields of the Episcopal Diocese of Hawaii
Episcopal Diocese of Hawaii
The Episcopal Diocese of Hawaii is the ecclesiastical territory or diocese of the Episcopal Church of the Anglican Communion in the United States encompassing the state of Hawaii...
stated religion should be taken out of the argument and a spokesperson for the hotel and restaurant union Local 5 argued the bill provided economic justice
Social justice
Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being. The term and modern concept of "social justice" was coined by...
. A letter later sent to senators in support of the H.B. 444 by community groups
Community organizing
Community organizing is a process where people who live in proximity to each other come together into an organization that acts in their shared self-interest. A core goal of community organizing is to generate durable power for an organization representing the community, allowing it to influence...
, including the Local 5 union, the Hawaii NAACP
National Association for the Advancement of Colored People
The National Association for the Advancement of Colored People, usually abbreviated as NAACP, is an African-American civil rights organization in the United States, formed in 1909. Its mission is "to ensure the political, educational, social, and economic equality of rights of all persons and to...
, the Hawaii State Democratic Women's Caucus, and the Japanese American Citizens League.
In response to Majority Leader Gary Hooser
Gary Hooser
Gary Hooser is the former State Senate Majority Leader representing Kauaʻi and Niʻihau since 2002. He formerly served on the Kauai County Council for 4 years before becoming a Senator....
's statement that he intended to bring the bill to a vote before the full Senate, the Hawaii Family Forum stated other issues demanded more attention than civil unions and the bill would create legal challenges for child care and education
Education in the United States
Education in the United States is mainly provided by the public sector, with control and funding coming from three levels: federal, state, and local. Child education is compulsory.Public education is universally available...
. The group held demonstrations on Maui
Maui
The island of Maui is the second-largest of the Hawaiian Islands at and is the 17th largest island in the United States. Maui is part of the state of Hawaii and is the largest of Maui County's four islands, bigger than Lānai, Kahoolawe, and Molokai. In 2010, Maui had a population of 144,444,...
and Kauai
Kauai
Kauai or Kauai, known as Tauai in the ancient Kaua'i dialect, is geologically the oldest of the main Hawaiian Islands. With an area of , it is the fourth largest of the main islands in the Hawaiian archipelago, and the 21st largest island in the United States. Known also as the "Garden Isle",...
and stated their intention to hold demonstrations to ask the governor to veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
the legislation should the bill advance. Hooser argued for the bill using President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
's support of civil unions and the support of labor unions and the majority of Hawaii House representatives. The Honolulu Advertiser reported that Senate President Colleen Hanabusa
Colleen Hanabusa
Colleen Wakako Hanabusa is the U.S. Representative for . She is a member of the Democratic Party. She was formerly a member of the Hawaii Senate, representing the 21st District since 1998...
privately told senators the bill could lead to a lawsuit to legalize same-sex marriage. The American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
of Hawaii and Supreme Court of Hawaii judge Steven H. Levinson
Steven H. Levinson
Steven H. Levinson of Cincinnati, Ohio was Associate Justice of the Hawaii State Supreme Court. Levinson served his first term from 1992 to 2002. He was serving his second term from 2002 to 2012 when he suddenly resigned in December 2008...
told the legislature that a lawsuit would have little chance of success.
Following the adoption of the amended version of H.B. 444, Senator Les Ihara stated, "I have a hard time reconciling the statement that the proponents made, that this is for equal rights and civil unions—at the same time, this kills it for the session." Michael Golojuch of Parents, Families and Friends of Lesbians and Gays
Parents, Families and Friends of Lesbians and Gays
Parents, Families, and Friends of Lesbians and Gays is a socio-political group of family members and friends of lesbian, gay, bisexual, and transgender people. Its mission statement describes the goals of PFLAG as promoting health and well being of LGBT persons as well as actively supporting...
called the vote "a dog-and-pony show". Hawaii Family Forum leader and former Democratic
Democratic Party of Hawaii
The Democratic Party of Hawaii is an arm of the Democratic Party of the United States based in Honolulu, Hawaii. The party is a centralized organization established to promote the party platform as drafted in convention biennially...
state representative Dennis Arakaki commented that "things worked out for the good."
Hooser began a campaign in June 2009 to be elected Lieutenant Governor of Hawaii
Lieutenant Governor of Hawaii
The Lieutenant Governor of Hawaii, concurrently the Secretary of State of Hawaii, is the assistant chief executive of that U.S. state and its various agencies and departments, as provided in the Hawaii State Constitution Article V, Sections 2 though 6. He or she is elected by popular suffrage of...
in 2010, calling his support for the bill an act on a "critical issue". Neil Abercrombie
Neil Abercrombie
Neil Abercrombie is the 7th and current Governor of Hawaii. He was the Democratic U.S. Representative of the First Congressional District of Hawaii which comprises urban Honolulu. He served in Congress from 1986 to 1987 and from 1991 to 2010 when he resigned to successfully run for governor...
and James Aiona
James Aiona
James R. "Duke" Aiona, Jr. is an American politician who served as Lieutenant Governor of Hawaii from 2002 to 2010. He is of Hawaiian, Chinese, and Portuguese descent...
are running to succeed Linda Lingle
Linda Lingle
Linda Lingle was the sixth Governor of Hawaii. Lingle holds a number of distinctions: first Republican elected governor of Hawaii since the departure of William F...
as governor in the 2010 gubernatorial election
Hawaii gubernatorial election, 2010
The Hawaii gubernatorial election of 2010 was held on November 2, 2010 to determine the next Governor and Lieutenant Governor of Hawaii. The winning candidates will serve a four-year term from 2010 to 2014. Incumbent Republican Governor Linda Lingle was term-limited in 2010 and not eligible to run...
.
On July 6, 2010, following Lingle's veto of the bill, Lambda Legal
Lambda Legal
Lambda Legal is an American civil rights organization that focuses on lesbian, gay, bisexual, transgender communities as well as people living with HIV/AIDS through impact litigation, education, and public policy work.Lambda's founder William J. Thom, Esq...
and the ACLU
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
announced that they would file a lawsuit to enable civil unions, stating that "our constitution prevents discrimination based on sexual orientation."Article I, Section 5 of the Hawaii State Constitution: "No person shall ... be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry."