Badpuppy Gay Today

Friday, 11 April 1997

Hawaii Legislature House and Senate conferees are embroiled in language and content debates for a constitutional amendment to be put to the voters of Hawaii this fall, revolving around the hotly contested legalization of same-sex marriage. Several versions of proposed legislation have been offered, with neither side willing to bend very much in light of constituent pressure, religious right pressure and the general divisive air that tends to surround landmark issues of this nature.

As the clock ticks away on the internal deadline: today (this could change by request from the House Speaker or the President of the Senate), for the legislature to come up with a proposal for presentation to the Governor for the constitutional amendment. Lead House conferee, Terrance Tom, specifically stated that there is no intention by the House to have any discussion on the so-called "Reciprocal Beneficiaries" bill (HB118) until language and content are settled for HB117. In taking this position, the House is, in effect, digging in its heels and is set to ignore the Senate's concerns for "fairness and equality" for gays and lesbians. The goal of the Senate, is to have rights and benefits legislation contained in HB118 be compatible with HB117 or the Senate will not support either of the legislative measures.

If the House and Senate cannot agree on language and content for either of these proposed House bills by today's deadline, if not changed, and by April 19 at the latest, then the issue will be dead for this session of the Hawaii legislature.

All of this activity by the legislature is seen as an attempt to go around the 46-page decision of Hawaii Circuit Judge Kevin Chang. Judge Chang's landmark decision, last December 3, 1996, making same-sex gender marriages legal so that gay men and lesbians are entitled to all of the same rights as heterosexual citizens, set Hawaii on the map as the first state to grant such legalization. However, before any gay or lesbian couple could reach a court house to apply for a marriage license, Judge Chang ruled on his own ruling the next day, at State Defense Attorney's request, putting a hold on his decision pending further appeal. Judge Chang's decision was based on the fact that the State of Hawaii failed to show any "compelling state interest" in denying marriage licenses to gay and lesbian couples.

Based on this decision, a wave of anti-same-sex marriage legislation has been proposed in a great many state legislatures out of fear that gay and lesbian marriage vows would begin the end of "traditional" marriage and family as we now know it. The "Defense of Marriage Act," approved by the United States Congress last year and signed into law by President Clinton, shortly after reaching his desk for signature, became the first of many pieces of legislation designed to keep the right granted by the Constitution of the United States, of all free gay men and lesbian women, to choose what is their right as citizens; to marry or not to marry.