Start making those wedding plans!

The Supreme Court of the State of Hawaii has finally issued a ruling
today on the right of same-sex couples to get married.  In the case
of Baehr v. Lewin, it has ruled that denial of marriage licenses to
same-sex couples constitutes discrimination on the basis of sex, and
has remanded the case to a lower court.  In order for the state to
deny marriage licenses to same-sex couples, it will have to show
that: a)  there is a compelling state interest which is served by not
issuing the licenses; and b) that there is no other way for the state
to serve that compelling state interest than through denial of
marriage licenses.  "Compelling" means that "strict scrutiny" will be
applied to the state's claim -- a legal standard which will be nearly
impossible for the state to meet for any forseeable claim.

The upshot?  The fight for marriage licenses for same-sex couples in
the State of Hawaii is 95% won!  The state has two courses of action
open to it:  waste two more years and the taxpayers' money on an
appeal which they are practically certain to lose;  or simply give in
and start issuing the licenses now.  (Personally, I'm betting on the
latter course of action, since the state attorney general expressed
reluctance to take on this case in the first case.)

What is interesting is that the basis for the court's decision had
nothing to do with any of the arguments presented to it.  The decision
was based not on privacy rights or equal protection, but on sex
discrimination.  This is an angle which has never before in US courts
gone anywhere in securing GLB rights.  The good thing about it is
that sex discrimination is a much stronger and more established
principle on which to base the decision than any of the other ones
they could have used.

This is one of the most important decisions for US GLB people ever!

Note:  the plaintiffs still have thousands of dollars in legal debts
incurred in this fight for all of our rights.  Tax-deductible
donations can be sent to:

        Hawai'i Equal Rights Marriage Project
        Gay and Lesbian Community Center
        1820 University Ave.
        Honolulu, HI 96822

Checks should be made out to H.E.R.M.P.

If they win their case, same-sex marriages will be _completely_legal_
in the State of Hawaii, with full rights.  Furthermore, since all
states are bound to recognize each others' marriages, the spark for
nationwide marriage rights has just been lit.  I know I feel a
tremendous debt of gratitude to the couples for the work they are
doing to secure us one of the most important marks of full citizenship
in this country.

NOTE: The foregoing message is copied as received; John Flanaghan, as the
heading records, is the original author.