Subject: Day 9 - The Trial Closing Arguments - GCNews
From: [email-masked]
Date: Mon, 23 Sep 1996 15:23:17 -0400

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.
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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

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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.

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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

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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

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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