From: HawaiiGay1@aol.com Date: Mon, 23 Sep 1996 15:23:17 -0400 Subject: Day 9 - The Trial Closing Arguments - GCNews GCNews 9-20-96 THE TRIAL COVERAGE DAILY OF THE SAME-SEX MARRIAGE TRIAL IN HONOLULU BY GCNEWS AND GLEA FOUNDATION DAY NINE - CLOSING ARGUMENTS Day NINE was the last day of the trial. Closing arguments began a few minutes past 9:00 am. The defense attorney, Rick Eichor delivered the defense’s argument for about 25 minutes. The plaintiff’s argument was delivered by Dan Foley. His took about 20 minutes. There were no surprises. Eichor/state/s position was a clear repetition of the Hawaii’s Future Today literature. Most statements were not previously aired as clearly in the trial, but came out with a particular venom at this time. Basically, the state declared it was their policy unite parents with their children. “Because of monogamy, marriage is an institution.” This was never even discussed at trial and only one submission of data from late 70’s talked about same-sex couples' outside sex rates. Although not discussed at trial the defense stated: “Marriage is the best way to regulate the consensual behavior as best seen in our culture.” The state also drew a slippery-slope argument that other consentual behaviors such as prostitution, polygamy, and incest are harmful to our society and if legal marriage would happen for same-sex couples, then they would be next. “If marriage is reduced to love only, why not allow prostitution, polygamy, and incest?” “The compelling state interest that would legitimate the ban against same-sex marriage is the procreation of chil-dren under the best possible circumstances.” The state also said that their policy was “narrowly tailored” is that “all female-male couples can have children [false] and no same-sex couples can have children [false]. By the end of the trial the defense was focused on an anti-Gay position and clearly making the stand that Gay people were harming or “punishing” their children by having them in that kind of relationship. The closing argument and statements to the press outside the courtroom were much more vitriolic and lacking a constitutional equality concept for which they have been pledged to uphold. [ED. Note: Isn’t it unfair our resources are being used against us and no legal support is forthcoming from state to uphold our constitutional rights to which they are pledged to uphold?] The plaintiff’s argument was clear and to the point. The state’s arguments regarding prostitution, polygamy, and incest were clearly removed as issues by the supreme court decisions in this case. That decision stated the state already has compelling state interest against these relationships. All the witnesses for the defense and plaintiffs stated that “Gay and Lesbian couples are as fit and loving as opposite sex couples.” “The rights and benefits of marriage comes to all couples regardless of their intent to raise children.” The defense’s witnesses did not demonstrate any harm to the state if Hawaii recognizes same-sex marriages.” “This case is about sex discrimination - discrimination against real people, good citizens.” “Thus, this case is about denying equal protection and opportunity under the law.” And with this last statement, the trial ended. Important dates: Two significant dates coming up are: October 11 as the final date for amicus briefs and October 28 for the final briefs of the two sides. The ruling is expected to come any time after October 28. However, it is not expected before the end of November. After the verdict and plaintiff’s prevail the state will request an immediate stay; meaning that they want a delay in the issuing of marriage licenses to same-sex couples. This stay may be difficult to support because of the high level of discrimination that has been exposed. If not stayed, licenses may begin to be issued. We of the Hawaii Gay Marriage Bureau expect 3-5,000 couples coming to Hawaii in first 60 days of licenses being issued and available. It is hard to estimate how many Hawaii couples will seek it out immediately. If the circuit court does not stay the licenses, then the state will likely appeal that decision immediately to the State Supreme Court which may or may not allow the stay until their appeal review of the entire case. If the circuit court decision is against the couples, then they will appeal to State Supreme Court for final determination in the case. If the couples prevail at circuit court, the state will appeal to the State Supreme Court for the fi-nal determination. There are no federal issues in this case, so it will not be moved to federal court. However, couples married here, but live in other states and want recognition there and by the federal government will have cases in federal court eventually. ----------------------------------------------------------------------- For updates and future GCNews, please contact us to be put on our regular broadcast list. ----------------------------------------------------------------------- Donations for GCNews, Gay and Lesbian Education and Advocacy Foundation (which initiated the same-sex marriage case) and the Hawaii Gay Marriage Bureau are appreciated. Donations are tax-deductible because all of these activities are programs under the Gay and Lesbian Education and Advocacy Foundation which is a non-profit tax-exempt community service organization un-der the guidelines of IRS and the State of Hawaii. Donations should be mailed to: GLEA Foun-dation, P.O.. Box 37083, Honolulu, HI 96837 (808) 532-9000 ----------------------------------------------------------------------------- HAWAII GAY MARRIAGE BUREAU Registry of Same-Sex Couples, Ministers, and Supportive Marriage Industry Businesses Aloha and welcome to the Hawaii Gay Marriage Bureau, The Hawaii Gay Marriage Bureau is a program of the GLEA Foundation (Gay and Lesbian Education and Advocacy Foundation), which created the same-sex marriage case currently in Hawaii’s courts. As Hawaii may soon declare same-sex marriages legal through the court action, the Hawaii Gay Marriage Bureau was created to help couples seeking legal marriage to keep up with the status of the case and to be notified when these marriages will be legal in Hawaii. The Bureau is a registry of couples who have already been married or who are planning to be married when it becomes legally recognized. For those already married, they may request an official marriage certificate from the Bureau. The Bureau is also a referral registry of licensed ministers, rabbis, and other licensed officiants plus a registry of marriage industry businesses that will provide marriage-related services for same-sex couples seeking marriages here in Hawaii or in any of the other 49 states. This service was created so that couples everywhere can have access to marriage in their own community (even if not yet legally recognized). One of the main purposes of the Hawaii Gay Marriage Bureau is to help the country and the world understand the benefits of marriage through our ongoing education programs. As the creator of the same-sex marriage case, we can continue to support the community’s understanding of marriage by letting people know that there are very real couples, ministers and businesses that recognize and support legal same-sex marriage. So, register today ! If you are already married you may request a lovely certificate be sent to you. If you are not married, a list of ministers and supportive marriage-related businesses in your area will be provided upon request and availability of their registration. Newsletters and updates will be sent to you, too. Additional contributions will go to further the “Right to Marry.” Donations for Registry: Registry of couple: $15.00 Certificate of Marriage: $15.00 (must be registered couple) Registry of Minister/Officiant: $15.00 Registry of Marriage Industry Business $75.00 Registry of Marriage Service Packagers $150.00 Additional contributions welcome and encouraged. We encourage each of you to keep informed of this most important issue. Marriage is an institution that will benefit many. It will not only improve and support the lives of the couples, but will also bring equality and fair treatment of all Gay people as we strive for our place under the Constitution. Sincerely William E. Woods, MPH Hawaii Gay Marriage Bureau PS: Should you have any questions, please call or write the Hawaii Gay Marriage Bureau. Even if you are not a couple wishing marriage, you may still contribute tax-deductible donations to the cause. Donations should be made to: Hawaii Gay Marriage Bureau or GLEA Foundation, P.O. Box 37083, Honolulu, HI 96837 (808) 532-9000. Donations are tax-deductible as the GLEA Foundation is a 501 (c) (3) IRS determined non-profit tax-exempt community service corporation. ------------------------------------------------------------------------------ ------------------------------------------- HAWAII GAY MARRIAGE BUREAU Same-Sex Couples Registry Form - As yet un-Married Complete names of individuals that wish to be married: Print clearly: __________________________ _____________________________ Address (print clearly)______________________________ Tele #_____________ ______________________________ Signatures of spouses:_______________________ __________________________ Date: ____________ Date: _____________ Date you would like to be married:________________ When legal in Hawaii? _________________________ Location of ceremony:______________ If you already have a licensed minister for the ceremony, please give name, address and phone #: Name __________________________________ Telephone#_________________ Address: _______________________________ ________________________________ Religious affiliation:___________________ Hawaii Gay Marriage Bureau/GLEA Foundation P.O. Box 37083 Honolulu, HI 96837 (808) 532-9000 ------------------------------------------------------------------------------ --------------------------------------- HAWAII GAY MARRIAGE BUREAU Same-Sex Couples Registry Form - Married Complete names of individuals that were married: Print clearly: __________________________ _____________________________ Address (print clearly)______________________________ Tele #_____________ ______________________________ Signatures of spouses: _________________________ ________________________ Date: ____________ Date: _____________ Date of marriage ceremony:__________________ Location of ceremony:_____________________________________ Licensed minister who performed ceremony:_________________________________ Address of minister/pastor: _______________________________ _______________________________ Telephone#_____________ Religious affiliation (if any):________________________________________________ Hawaii Gay Marriage Bureau/GLEA Foundation P.O. Box 37083 Honolulu, HI 96837 (808) 532-9000 ____________________________________________________________________ HAWAII GAY MARRIAGE BUREAU Same-Sex Marriage Registry & Referral Form - Licensed Ministry Minister/pastor’s Name (Print Clearly): ________________________________________ Address: _________________________ Telephone#_______________________ _________________________ Religious affiliation:___________________ State licensed in: ___________________ Valid marriage license # ___________________ Valid marriage license until: (date license expires) ___________________________ Please indicate type(s) of marriage ceremony that you may be willing to perform: Private ceremony In church building Recognized by church Comments: __________________________________________________________________ ______________________________________________________________________ Signature: _____________________________________ Date:___________________ Hawaii Gay Marriage Bureau GLEA Foundation P.O. Box 37083 Honolulu, HI 96837 (808) 532-9000 ------------------------------------------------------------------------------ ----------------------------------------- HAWAII GAY MARRIAGE BUREAU Same-Sex Marriage Registry & Referral Form - Marriage Industry Business Name of Business that provides services for same-sex marriages: PRINT CLEARLY __________________________________________________________________ DATE:_______________ Address: _______________________________ Telephone#___________________ _______________________________ Describe service(s) offered to those seeking same-sex marriages: PRINT CLEARLY: ______________________________________________________________________ ______________________________________________________________________ Comments: __________________________________________________________________ ______________________________________________________________________ Authorized Signature for Business: ____________________________________ Date:____________________ Print name of authorized signature: ____________________________________ Title: _____________________________ Hawaii Gay Marriage Bureau/GLEA Foundation P.O. Box 37083 Honolulu, HI 96837 (808) 532-9000