Recognition of same-sex unions in Hawaii
Encyclopedia
The U.S. state
of Hawaii
currently recognizes same-sex couples in reciprocal beneficiary relationships, which provide limited rights and benefits. Civil unions that provide benefits similar to marriage were legalized in 2011, and will become available in 2012. Same-sex marriage
is banned by state law.
Following a 1993 decision by the Hawaii State Supreme Court
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, which it later did by passing a law that banned same-sex marriage. Bills creating civil unions were considered several times, but failed to receive approval in legislative committees before 2009. In 2010, Hawaii House Bill 444
(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
. It was vetoed by Governor Linda Lingle
in July 2010.
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 full 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 will begin on January 1, 2012.
(originally Baehr v. Lewin) was a case decided by the Supreme Court of Hawaii, which found the state's refusal to grant same-sex couples marriage licenses 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. After the case was dismissed by the trial court the couples appealed to the state supreme court. In the plurality opinion delivered by Judge Steven H. Levinson
in 1993, the court ruled that while the right to privacy in the Hawaii state constitution does not include a fundamental right to same-sex marriage, denying marriage to same-sex couples constituted discrimination based on sex in violation of the constitutional right to equal protection. The court remanded the case to the trial court, instructing that "in accordance with the 'strict scrutiny
' standard, the burden will rest on Lewin to overcome the presumption that HRS § 572-1 [the state's marriage statute] is unconstitutional by demonstrating that it furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgments of constitutional rights."
In 1996 Judge Kevin K.S. 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 did not prove 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.
On December 9, 1999, the Hawaii Supreme Court, following the passage of a constitutional amendment empowering the Hawaii State Legislature to limit marriage to mixed-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 Hawai'i 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.
granting the Hawaii State Legislature the power to reserve marriage to opposite-sex couples. Civil unions were not restricted. Bills to establish civil unions were considered several times but failed to receive committee approval prior to 2009.
Following Governor Linda Lingle's veto of the 2009 civil unions bill, 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 mixed-sex couples, asserts that the state constitution still mandates that same-sex couples be accorded equal treatment.
indicated that same-sex couples would spend between $4.2 and $9.5 million dollars on their wedding celebrations, if allowed to marry in Hawaii. Out-of-state guests would spend an additional $17.8 to $40.3 million dollars, which would in turn create 193 to 333 new jobs in Hawaii primarily in the events and travel industries. The figures in the study are estimated based on a four year period.
surveyed 568 Hawaii voters from October 13 to 16, 2011, and found that when given a choice between letting same-sex couples marry or not, a plurality of 49 percent wanted same-sex marriage to be legal. Given the option of supporting civil unions, same-sex marriage won 40 percent support and civil unions gained 37 percent support.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
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...
currently recognizes same-sex couples in reciprocal beneficiary relationships, which provide limited rights and benefits. Civil unions that provide benefits similar to marriage were legalized in 2011, and will become available in 2012. Same-sex marriage
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...
is banned by state law.
Following a 1993 decision by the Hawaii State Supreme Court
Hawaii State Supreme Court
The Supreme Court of Hawaii is the highest court of the State of Hawaii in the United States. Its decisions are binding on all other courts of the Hawaii State Judiciary. The principal purpose of the Supreme Court is to review the decisions of the trial courts in which appeals have been granted...
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, which it later did by passing a law that banned same-sex marriage. Bills creating civil unions were considered several times, but failed to receive approval in legislative committees before 2009. In 2010, Hawaii House Bill 444
Hawaii House Bill 444
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...
(HB 444), which would have created civil unions for same-sex and opposite-sex couples, 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...
and 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...
. It was vetoed by 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...
in July 2010.
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 full 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
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...
signed it into law on February 23. Civil unions will begin on January 1, 2012.
Baehr case (1991–1999)
Baehr v. MiikeBaehr 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...
(originally Baehr v. Lewin) was a case decided by the Supreme Court of Hawaii, which found the state's refusal to grant same-sex couples marriage licenses 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. After the case was dismissed by the trial court the couples appealed to the state supreme court. In the plurality opinion delivered by 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...
in 1993, the court ruled that while the right to privacy in the Hawaii state constitution does not include a fundamental right to same-sex marriage, denying marriage to same-sex couples constituted discrimination based on sex in violation of the constitutional right to equal protection. The court remanded the case to the trial court, instructing that "in accordance with the 'strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
' standard, the burden will rest on Lewin to overcome the presumption that HRS § 572-1 [the state's marriage statute] is unconstitutional by demonstrating that it furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgments of constitutional rights."
In 1996 Judge Kevin K.S. 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 did not prove 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.
On December 9, 1999, the Hawaii Supreme Court, following the passage of a constitutional amendment empowering the Hawaii State Legislature to limit marriage to mixed-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 Hawai'i 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.
Constitutional Amendment 2 (1998)
Following the state supreme court's 1996 decision, voters in 1998 approved a constitutional amendmentHawaii 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. Civil unions were not restricted. Bills to establish civil unions were considered several times but failed to receive committee approval prior to 2009.
Following Governor Linda Lingle's veto of the 2009 civil unions bill, 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...
and 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...
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 mixed-sex couples, asserts that the state constitution still mandates that same-sex couples be accorded equal treatment.
Civil unions
On February 16, 2011, Hawaii's House passed the civil unions bill that will allowing same-sex and different-sex couples to enter into a civil union. Governor Neil Abercrombie signed the bill on February 24, 2011 and civil unions will begin on January 1, 2012.Economic impact of allowing same-sex marriage in Hawaii
A June 2010 study conducted by UCLAUniversity of California, Los Angeles
The University of California, Los Angeles is a public research university located in the Westwood neighborhood of Los Angeles, California, USA. It was founded in 1919 as the "Southern Branch" of the University of California and is the second oldest of the ten campuses...
indicated that same-sex couples would spend between $4.2 and $9.5 million dollars on their wedding celebrations, if allowed to marry in Hawaii. Out-of-state guests would spend an additional $17.8 to $40.3 million dollars, which would in turn create 193 to 333 new jobs in Hawaii primarily in the events and travel industries. The figures in the study are estimated based on a four year period.
Public opinion polling
Public Policy PollingPublic Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
surveyed 568 Hawaii voters from October 13 to 16, 2011, and found that when given a choice between letting same-sex couples marry or not, a plurality of 49 percent wanted same-sex marriage to be legal. Given the option of supporting civil unions, same-sex marriage won 40 percent support and civil unions gained 37 percent support.