*QL-ED*: HONOLULU ADVERTISER, January 22, 1997: 3 of 3
And the article . . . .
Please note that the top political news item in Hawai`i yesterday was the
State of the State address by Governor Benjamin Cayetano. The governor in
his speech did not mention the marriage issue.
HONOLULU ADVERTISER
P.O. Box 3110
Honolulu, Hawai`i 96802
tiser@aloha.net
(808) 525-8090
Janaury 22, 1997
COMMITTEE OK'S SAME-SEX BILL
House panel votes to ban gay marriages, grant some benefits
By Linda Aragon and Angela Miller
Advertiser Staff Writers
A bill proposing a constitutional amendment to ban same-sex marriage cleared
a key state House committee last night.
By a 12-1 vote, the House Judiciary Committee advanced a proposal to send to
the voters a constitutional amendment that would specify that marriage be
between one man and one woman.
The committee also passed a measure that would establish legal relationships
between two unmarried adults and entitle them to "reciprocal benefits" such
as hospital visitation, inheritance and joint property ownership rights.
Both bills now go to a vote by the full House, which is expected to pass
both. Last year, the House approved a constitutional amendment to ban
same-sex marriage. But it could stall in the Senate, which last year
rejected such an amendment.
Hawai`i courts have ruled that the state must grant marriage licenses to gay
and lesbian couples. But the ruling is being appealed, keeping the issue in
limbo.
In supporting the bills, House Judiciary Chairman Terrance Tom said, "I have
hoped that by now the Hawai`i judiciary would have recognized that making
fundamental policy decisions under the guise of interpreting the
Constitution was a foolhardy and dangerous concept, one, which taken any
further, would surely destroy the people's faith in government."
Rep. Ed Case, who cast the lone "no" vote, argued that changing the
Constitution would go against its intended purpose--protecting the rights of
the minority against the will of the majority.
"This is not so much a gay issue as what is the proper role of the branches
of the government," he said. "I think the best place to handle the basic
constitutional protection is through the courts."
Lawmakers have vowed to pass legislation this year advancing the same-sex
marriage issue, since Circuit Judge Kevin chang last month ruled the state
should issue marriage licenses to same-sex couples. His ruling has been
stayed pending a state appeal to the Hawai`i Supreme Court.
More than 200 people submitted testimony in 3 1/2 hours yesterday.
Testifiers included parents, teenagers, gay couples, religious leaders and
law professors.
Testifiers appeared evenly split on the issue, with same-sex marriage
supporters insisting it is a civil right and opponents saying it is a
lifestyle choice that does not deserve legal recognition.
Several people reminded the committee of opinion polls that have showed up
to 70 percent of Hawai`i's electorate opposes legalizing same-sex marriage.
"Clearly the language of the Constitution belongs to the people and should
reflect their beliefs," said school board member Debi Hartmann, testifying
for an anti-same-sex marriage group, Hawai`i's Future Today.
Attorney Dan Foley, who represented the three gay couples who petitioned the
state for marriage licenses, compared the decisions made by Chang and the
state Supreme Court with court decisions that desegregated schools and
struck down bans on interracial marriage.
University of Hawai`i law Professor Jon Van Dyke has said a state
constituitional amendment denying a benefit for a specific group of people
could be overturned by the U.S. Supreme Court.
But Lynn Wardle, a family law professor at Brigham Young University in Utah,
said, "Rejection of same-sex marriage does not violate equal protection
principles, because heterosexual marriage is unique and uniquely beneficial
to society."
~~pau~~
Clipper's notes: This article is slightly misleading in two respects:
1) Jon Van Dyke and Lynn Wardle did not testify yesterday. Jack Hoag,
co-chair of Hawai`i's Future today (and senior official with First Hawai`ian
Bank--hint, hint-- testified on Debi Hartmann's behalf.) Only Dan Foley of
the four people quoted above actually testified on his/her own behalf at
yesterday's hearing, and
2) The committee only approved the idea of sending the bills from the House
Judiciary committee for future consideration, and did not necessarily
endorse or condone the content of the two bills. That consideration will
come on the floor of the House. There could be a shift in the voting of
these committeemembers when the content of the bills is debated, but it is
not expected to overcome the anticipated acceptance by a full floor vote.
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