Badpuppy Gay Today

Friday, 18 April 1997

"It appears that we've suffered a major defeat tonight." Such were the words--late Wednesday night-- of Hawaiian gay activist Martin Rice, who, through long days and nights has kept a vigil reporting to a watchful world-wide audience, including press, earnest Hawaiian activists, and individuals, informing them of legislative developments on a hour-by-hour basis from lambda@aloha.net. Then came the disheartening news at 10:35 PM Hawaiian Standard Time, that the Hawaiian Legislature had reached an agreement on the language for the ballot in November, 1998: "The Legislature shall have the power to reserve marriage to opposite-sex couples."

Martin Rice had hoped, he lamented, that he and his friend of 24 years, Fred, would see an end to their being "strangers before the law." His immediate reaction was a burst of passionate individualism, "One should never watch two things while they are being made: sausage and the law," and "If you can't deliver the pie in the sky, you promised, you'd better redefine the pie." His well-seasoned scorn for governmental processes had a distinctly Hawaiian flavor.

First, he scorned the political compromise reached between the Hawaiian Senate and House, wondering to himself about his respect for representative government. He scorned their watered-downed decisions to give medical benefits for reciprocal beneficiaries which will take effect on July 1, 1997, but only for state government employees. Workers for the various counties and the federal government workers do not have the same rights extended to them, nor does the private sector need to comply. The medical benefits will also be up for review in two years. Nor, finally, will state tax benefits for reciprocal beneficiaries be extended.

Keeping his long watch on the antics of his state representatives, letting the world know of the intense drama Hawaiian gay men and lesbians felt, Martin Rice passionately held to his post through all of the struggle's thicks and thins. His intense disappointment would echo among his comrades-in-arms who had attempted to convince legislators that legalized marital bonds between same-sex couples held nothing for them to fear. "We don't have a chance if we don't represent ourselves," said Rice, finally, obviously weary from having thought that politicians might actually, honorably, ably represent him.

Still, he knew, there was hope on the horizon. He made sure that all of his world-wide recipients knew of it too. Dan Foley, the lawyer representing the gay and lesbian couples who sued the state for marriage licenses, told the Honolulu Advertiser that though lawmakers approve the proposed constitutional amendment language, it won't end his case.

The proposal, he explained, fails to ban same-sex marriage, but merely states the Legislature has the power to reserve marriage to opposite-sex couples.

Also, if the proposed amendment is ratified by the voters in the November, 1998 election, the 1999 Legislature still would need to pass a law banning same-sex marriage, he said. He believes, however, that the Hawaii Supreme Court will rule favorably for the same-sex couples before then.

The Honolulu Advertiser reports that the lawmakers believe that the constitutional amendment and benefits package for "reciprocal beneficiaries" would put an end to the case, since there is already a law on the books that states marriage is between a man and a woman.

Ultimately, the courts would decide, said the Advertiser.

For a sizable group of Hawaiian citizens now, however, and for observers and well-wishers outside that legendary state, the lights of one particular branch of its government, no matter how fair they foresee the Hawaiian Courts to be, may have dimmed considerably. That branch is the Hawaiian Legislature.