Date: Mon, 14 Nov 94 10:43:49 HST From: ramsey@math.hawaii.edu Subject: HAWAII, NOV. 14 FUNDAMENTALISTS CHALLENGE HAWAII'S COMMISSION ON SEXUAL ORIENTATION AND THE LAW In a move of the greatest irony, a fundamentalist (Marianist) Roman Catholic layman and an Assembly of God minister have sued the State of Hawaii in Federal Court to stop the state's Commission on Sexual Orientation and the Law. Their grounds are that the commission violates the separation of church and state, because the Roman Catholic Church and the Mormons each appointed 2 members of the commission as specified by the legislative act which creates the commission. The lawsuit is not given much chance. First, the Roman Catholic may have no standing, since the law clearly doesn't discriminate against Roman Catholics (unless he argues that his church does not represent true Catholicism and hence doesn't represent his views). Second, earlier federal court lawsuits failed to set aside one of Hawaii's state holidays (Good Friday) on the grounds that it established a religion. The lawsuit may have factual flaws as well (the newspapers report that Quakers were also specified as commission members; they weren't, but AFSC did appoint two members---many people don't realize that the Quaker-inspired AFSC includes many non-Quakers). For once, the marriage project is not responsible for any of this litigation: the State of Hawaii's Attorney General (whom we oppose in court over same-sex marriages) will have to defend the State against this right-wing attack. We are delighted with the public relations aspect of highlighting the separation of Church and State. Separation of Church and State is dimly understood by most Americans, and is generally viewed as communist or something equally subversive. Tom Ramsey Secretary HERMP Steering Committee