Date: Fri, 10 Dec 1999 13:08:31 -0500 From: David Elliot Subject: [NGLTF PRESS] Hawaii puts basic rights on hold, for now NATIONAL GAY AND LESBIAN TASK FORCE PRESS RELEASE Contact: David Elliot, Communications Director 202-332-6483 ext. 3303 800-757-6476 pager delliot@ngltf.org http://www.ngltf.org 1700 Kalorama Road NW, Washington, DC ********************************************* HAWAII COURT PUTS CIVIL RIGHTS FOR SAME-SEX COUPLES ON HOLD - AT LEAST FOR NOW Dec. 10, 1999 - The Hawaii Supreme Court ruled late Thursday that the state's recently enacted constitutional amendment allowing the Legislature to limit marriage to opposite-sex couples renders "moot" the long-running litigation seeking to grant state recognition of same-sex marriages. "The Hawaii Supreme Court's decision is disappointing," said Rebecca Isaacs, an attorney and political director of the National Gay and Lesbian Task Force. "The freedom to have our loving, committed relationships recognized by the state is a basic right that should not be denied." Nonetheless, Isaacs saw a silver lining behind the court's decision. "The court's ruling offers us hope on several fronts," Isaacs said. "First, the court left open the door for same-sex couples to receive every benefit of marriage except marriage itself. That does not constitute equality, but it is an incremental step. Second, and most importantly, the court continues to acknowledge that the Hawaii Constitution not only prohibits sex discrimination, but also prohibits sexual orientation discrimination. Thus, Hawaii today finds itself in the peculiar position of admitting that discrimination based on sexual orientation is wrong, but for the moment lacking a legal basis to do anything about it in the context of marriage." Supporters of civil rights for gay, lesbian, bisexual and transgendered people will now look to the Vermont Supreme Court for a possible breakthrough. A decision by the Vermont Supreme Court on whether the state must grant marriage licenses to same-sex couples could come at any time. The issue of same-sex marriage captured national attention after the Hawaii Supreme Court in 1993 ruled that the state's failure to recognize same-sex marriages constitutes gender discrimination. That ruling prompted a frenzy of religious right activity around the issue, which led to passage of the anti-GLBT Defense of Marriage Act in Congress and to passage of DOMA-like bills in some 30 states across the country. The religious right political movement's momentum over the same-sex marriage issue stalled out in 1999, when bills banning same-sex marriage died in 15 of the 16 states in which they were introduced. "It is clear that the battle over this civil right and other civil rights will be fought state by state," Isaacs said. "Over the course of the next generation, we can expect some losses, but we will achieve many successes too. Today is a sad day for Hawaii. The day will come, however, when same-sex marriage is legal in all 50 states in the United States. It is fair. And it is inevitable." ____________________________________________________________________ Founded in 1973, the National Gay and Lesbian Task Force works to eliminate prejudice, violence and injustice against gay, lesbian, bisexual and transgendered people at the local, state and national level. As part of a broader social justice movement for freedom, justice and equality, NGLTF is creating a world that respects and celebrates the diversity of human expression and identity where all people may fully participate in society. _________________________________________ This message was issued by the National Gay and Lesbian Task Force Communications Department. If you have a question regarding this post, please direct it to the contact at the top of this message. To reach the NGLTF Communications Department at NGLTF, please call David Elliot, Communications Director, at 202-332-6483 x3303 or pager 800-757-6476. If you wish to UNSUBSCRIBE from this list, please send an email with "UNSUBSCRIBE PRESSLIST" in the subject and body of your email message to . You may also unsubscribe by visiting http://www.ngltf.org.