Date: Wed, 6 Mar 1996 12:37:45 -0800 (PST)
From: Franklin Weston <faw@pwa.acusd.edu>
Subject: Hawaii same-sex Marriage Bills




 

                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1995 by Information for Public Affairs, Inc.

                      HAWAII 18TH STATE LEGISLATURE (1995)

                                 HOUSE BILL 609

                                  H.B. NO. 609
                            HOUSE OF REPRESENTATIVES
                          EIGHTEENTH LEGISLATURE, 1995
                                STATE OF HAWAII

                                1995 HI H.B. 609

VERSION: Introduced

VERSION-DATE: January 23, 1995

SYNOPSIS:

                                A BILL FOR AN ACT

   PROPOSING AN AMENDMENT TO ARTICLE IX OF THE CONSTITUTION OF THE STATE 
HAWAII
RELATING TO THE DEFINITION OF MARRIAGE IN THE STATE OF HAWAII.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The purpose of this Act is to propose an amendment to 
Article IX
of the Constitution of the State of Hawaii to define marriage in the 
State of
Hawaii as the legal association wholly reserved for the lawful union of one
man and one woman as husband and wife.

   SECTION 2.  Article IX of the Constitution of the State of Hawaii is 
amended
by adding a new section to be appropriately designated and to read as 
follows:

                       " [A> MARRIAGE <A]

   [A> SECTION .  MARRIAGE SHALL BE DEFINED IN THE STATE OF HAWAII AS THE 
LEGAL
ASSOCIATION WHOLLY RESERVED FOR THE LAWFUL UNION OF ONE MAN AND ONE WOMAN AS
HUSBAND AND WIFE. <A] "

   SECTION 3.  The question to be printed on the ballot shall be as follows:

   "Shall marriage be defined in Hawaii as the legal association wholly 
reserved
for the lawful union of one man and one woman as husband and wife?"

   SECTION 4.  This amendment shall take effect upon compliance with Article
XVII, section 3, of the Constitution of the State of Hawaii.

SPONSOR:
Alcon


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1995 by Information for Public Affairs, Inc.

                      HAWAII 18TH STATE LEGISLATURE (1995)

                                HOUSE BILL 2172

                                 H.B. NO. 2172
                            HOUSE OF REPRESENTATIVES
                          EIGHTEENTH LEGISLATURE, 1995
                                STATE OF HAWAII

                               1995 HI H.B. 2172

VERSION: Introduced

VERSION-DATE: January 27, 1995

SYNOPSIS:

                                A BILL FOR AN ACT

   PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII DEFINING
MARRIAGE IN THE STATE OF HAWAII.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The purpose of this Act is to propose an amendment to the
Constitution of the State of Hawaii to define marriage in the State of 
Hawaii as
a legal association between a man and a woman.

   SECTION 2.  The Constitution of the State of Hawaii is amended by 
adding a
new section to be appropriately designated and to read as follows:

                             " [A> MARRIAGE <A]

   [A> SECTION .  MARRIAGE SHALL BE DEFINED IN THE STATE OF HAWAII AS THE 
LEGAL
ASSOCIATION RESERVED FOR THE LAWFUL UNION OF A MAN AND A WOMAN. <A] "

   SECTION 3.  The question to be printed on the ballot shall be as follows:

   "Shall marriage be defined in Hawaii as the legal association reserved
exclusively for a man and a woman?"

   SECTION 4.  This amendment shall take effect upon compliance with Article
XVII, section 3, of the Constitution of the State of Hawaii.

SPONSOR:
Souki


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1995 by Information for Public Affairs, Inc.

                      HAWAII 18TH STATE LEGISLATURE (1995)

                                HOUSE BILL 2173

                                 H.B. NO. 2173
                            HOUSE OF REPRESENTATIVES
                          EIGHTEENTH LEGISLATURE, 1995
                                STATE OF HAWAII

                               1995 HI H.B. 2173

VERSION: Introduced

VERSION-DATE: January 27, 1995

SYNOPSIS:

                                A BILL FOR AN ACT

   PROPOSING A CHANGE TO THE CONSTITUTION OF THE STATE HAWAII REGARDING
MARRIAGE IN THE STATE OF HAWAII.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The purpose of this Act is to propose two amendments to the
Constitution of the State of Hawaii to define marriage in the State of 
Hawaii.
While this Act may bear a superficial resemblance to Act 294, Session 
Laws of
1992, that was the subject of the dispute in [A> BLAIR V. CAYETANO <A] , 73
Hawaii 536 (1992), this Act is in fact very different. This Act does not 
contain
the procedural items that the Hawaii Supreme Court in the [A> BLAIR <A] 
decision
found unlawfully delegated the lawmaking authority to the electorate when the
electorate was required to select one of two constitutional amendments 
proposed
at the primary election.  Act 294 required that the amendment receiving 
the most
votes in the primary would then proceed to be ratified at the general 
election.
The Court refused to authorize both constitutional amendments to be 
placed on
the ballot, ruling that the respective acts had not undergone the requisite
legislative process required by the State Constitution.  Nothing in Act 294
indicated that the legislature had contemplated the placing of both
constitutional amendments on the ballot for ratification.

   This Act differs significantly from Act 294.  Here, the legislature 
intends
to place both amendments on the general election ballot.  In the event 
both are
ratified and determined to be conflicting, the amendment receiving the 
greater
number of votes will prevail.


   SECTION 2.  The Constitution of the State of Hawaii is amended by 
adding a
new section to be appropriately designated and to read as follows:
                             " [A> MARRIAGE <A]

   [A> SECTION .  MARRIAGE SHALL BE DEFINED AS THE LEGAL ASSOCIATION RESERVED
FOR THE LAWFUL UNION OF A MAN AND A WOMAN AS AUTHORIZED BY GENERAL LAW. 
<A] "

   SECTION 3.  The question to be printed on the ballot shall be as follows:

   "Shall marriage be defined as the legal association reserved 
exclusively for
a man and a woman?

   SECTION 4.  The Constitution of the State of Hawaii is amended by 
adding a
new section to be appropriately designated and to read as follows:

                             " [A> MARRIAGE <A]

   [A> SECTION .  MARRIAGE, AS AUTHORIZED BY GENERAL LAW, SHALL NOT BE
PROHIBITED BASED SOLEY ON THE FACT THE TWO PEOPLE ARE OF THE SAME SEX. 
<A] "

   SECTION 5.  The question to be printed on the ballot shall be as follows:

   "Shall marriage be defined to allow any two people to be married, 
including
same-sex couples?"

   SECTION 6.  This amendment shall take effect upon compliance with Article
XVII, section 3, of the Constitution of the State of Hawaii.

SPONSOR:
Souki


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                HOUSE BILL 2363

                            HOUSE OF REPRESENTATIVES
                                  H.B. NO.2365
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI H.B. 2363

VERSION: Introduced

VERSION-DATE: January 19, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   RELATING TO MARRIAGE.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  Section 572-1, Hawaii Revised Statutes, is amended to read as
follows:

   "'572-1 Requisites of valid marriage contract.  In order to make valid the
marriage contract [D> , which shall be only between a man and a woman, 
<D] [A>
BETWEEN TWO PERSONS <A] it shall be necessary that:

   (1) The respective parties do not stand in relation to each other of 
ancestor
and descendant of any degree whatsoever, brother [D> and <D] [A> OR <A] 
sister
of the half as well as to the whole blood, uncle [D> and niece, <D] [A> 
OR <A]
aunt [D> and nephew, <D] whether the relationship is legitimate or 
illegitimate;

   (2) Each of the parties at the time of contracting the marriage is at 
least
sixteen years of age; provided that with the written approval of the family
court of the circuit within which the minor resides, it shall be lawful 
for a
person under the age of sixteen years, but in no event under the age of 
fifteen
years, to marry, subject to section 572-2; (3) [D> The man <D] [A> EITHER 
PARTY
TO THE MARRIAGE <A] does not at the time have any lawful [D> wife <D] [A> 
SPOUSE
<A] living [D> and that the woman does not at the time have any lawful 
husband
living <D] ;


   (4) Consent of neither party to the marriage has been obtained by force,
duress, or fraud;
   (5) Neither of the parties is a person afflicted with any loathsome 
disease
concealed from, and unknown to, the other party;

   (6) The [D> man and woman <D] [A> PARTIES <A] to be married in the State
shall have duly obtained a license for that purpose from the agent 
appointed to
grant marriage licenses; and

   (7) The marriage ceremony be performed in the State by a person or society
with a valid license to solemnize marriages and the [D> man and the woman <D]
[A> PARTIES <A] to be married and the person performing the marriage 
ceremony be
all physically present at the same place and time for the marriage ceremony."

   SECTION 2.  Section 572-3, Hawaii Revised Statutes, is amended to read as
follows:

   "'572-3 Contracted without the State.  Marriages between [D> a man and a
woman <D] [A> TWO PEOPLE, <A] legal in the country where contracted [A> , <A]
shall be held legal in the courts of this State."

   SECTION 3.  Section 572-13, Hawaii Revised Statutes, is amended by 
amending
subsection (a) to read as follows:

   "(a) Recordkeeping.  Every person authorized to solemnize marriage 
shall make
and preserve a record of every marriage by the person solemnized, 
comprising the
names of the [D> man and woman <D] [A> TWO PEOPLE <A] married, their 
place of
residence, and the date of their marriage.  Every person authorized to 
solemnize
marriage, who neglects to keep a record of any marriage by the person 
solemnized
shall be fined $ 50."

   SECTION 4.  Section 572-21, Hawaii Revised Statutes, is amended to 
read as
follows:

   "'572-21 Presumption of separate property.  There is rebuttable 
presumption
that all property, both real and personal, acquired in the name of [D> the
husband or of the wife, <D] [A> ONE SPOUSE, <A] without regard to the 
time of
acquisition thereof, is the separate property of the spouse in the name 
of whom
the same has been acquired."

   SECTION 5.  Statutory material to be repealed is bracketed.  New statutory
material is underscored.

   SECTION 6.  This Act shall take effect upon its approval.

INTRODUCED BY:



SPONSOR:
Souki


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                HOUSE BILL 2365

                            HOUSE OF REPRESENTATIVES
                                  H.B. NO.2365
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI H.B. 2365

VERSION: Introduced

VERSION-DATE: January 19, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   RELATING TO MARRIAGE.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  Section 572-1, Hawaii Revised Statutes, is amended to read as
follows:

   "'572-1 Requisites of valid marriage contract.  In order to make valid the
marriage contract [D> , which shall be only between a man and a woman, 
<D] [A>
BETWEEN TWO PERSONS <A] it shall be necessary that:

   (1) The respective parties do not stand in relation to each other of 
ancestor
and descendant of any degree whatsoever, brother [D> and <D] [A> OR <A] 
sister
of the half as well as to the whole blood, uncle [D> and niece, <D] [A> 
OR <A]
aunt [D> and nephew, <D] whether the relationship is legitimate or 
illegitimate;

   (2) Each of the parties at the time of contracting the marriage is at 
least
sixteen years of age; provided that with the written approval of the family
court of the circuit within which the minor resides, it shall be lawful 
for a
person under the age of sixteen years, but in no event under the age of 
fifteen
years, to marry, subject to section 572-2; (3) [D> The man <D] [A> EITHER 
PARTY
TO THE MARRIAGE <A] does not at the time have any lawful [D> wife <D] [A> 
SPOUSE
<A] living [D> and that the woman does not at the time have any lawful 
husband
living <D] ;


   (4) Consent of neither party to the marriage has been obtained by force,
duress, or fraud;
   (5) Neither of the parties is a person afflicted with any loathsome 
disease
concealed from, and unknown to, the other party;

   (6) The [D> man and woman <D] [A> PARTIES <A] to be married in the State
shall have duly obtained a license for that purpose from the agent 
appointed to
grant marriage licenses; and

   (7) The marriage ceremony be performed in the State by a person or society
with a valid license to solemnize marriages and the [D> man and the woman <D]
[A> PARTIES <A] to be married and the person performing the marriage 
ceremony be
all physically present at the same place and time for the marriage ceremony."

   SECTION 2.  Section 572-3, Hawaii Revised Statutes, is amended to read as
follows:

   "'572-3 Contracted without the State.  Marriages between [D> a man and a
woman <D] [A> TWO PEOPLE, <A] legal in the country where contracted [A> , <A]
shall be held legal in the courts of this State."

   SECTION 3.  Section 572-13, Hawaii Revised Statutes, is amended by 
amending
subsection (a) to read as follows:

   "(a) Recordkeeping.  Every person authorized to solemnize marriage 
shall make
and preserve a record of every marriage by the person solemnized, 
comprising the
names of the [D> man and woman <D] [A> TWO PEOPLE <A] married, their 
place of
residence, and the date of their marriage.  Every person authorized to 
solemnize
marriage, who neglects to keep a record of any marriage by the person 
solemnized
shall be fined $ 50."

   SECTION 4.  Section 572-21, Hawaii Revised Statutes, is amended to 
read as
follows:

   "'572-21 Presumption of separate property.  There is rebuttable 
presumption
that all property, both real and personal, acquired in the name of [D> the
husband or of the wife, <D] [A> ONE SPOUSE, <A] without regard to the 
time of
acquisition thereof, is the separate property of the spouse in the name 
of whom
the same has been acquired."

   SECTION 5.  Statutory material to be repealed is bracketed.  New statutory
material is underscored.

   SECTION 6.  This Act shall take effect upon its approval.

INTRODUCED BY:



SPONSOR:
Souki


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                HOUSE BILL 2366

                            HOUSE OF REPRESENTATIVES
                                  H.B. NO.2366
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI H.B. 2366

VERSION: Introduced

VERSION-DATE: January 19, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII DEFINING
MARRIAGE IN THE STATE OF HAWAII.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The purpose of this Act is to propose an amendment to the
Constitution of the State of Hawaii to define marriage in the State of 
Hawaii as
a legal association between a man and a woman.

   SECTION 2.  The Constitution of the State of Hawaii is amended by 
adding a
new section to be appropriately designated and to read as follows:

   " [A> MARRIAGE SECTION .  MARRIAGE SHALL BE DEFINED IN THE STATE OF 
HAWAII AS
THE LEGAL ASSOCIATION RESERVED FOR THE LAWFUL UNION OF A MAN AND A WOMAN. 
<A] "

   SECTION 3.  The question to be printed on the ballot shall be as follows:

   "Shall marriage be defined in Hawaii as the legal association reserved
exclusively for a man and a woman?"

   SECTION 4.  New constitutional material is underscored.

   SECTION 5.  This amendment shall take effect upon compliance with Article
XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:


SPONSOR:
Souki


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                HOUSE BILL 2367

                            HOUSE OF REPRESENTATIVES
                                  H.B. NO.2367
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI H.B. 2367

VERSION: Introduced

VERSION-DATE: January 19, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   PROPOSING A CHANGE TO THE CONSTITUTION OF THE STATE OF HAWAII REGARDING
MARRIAGE IN THE STATE OF HAWAII.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The purpose of this Act is to propose two amendments to the
Constitution of the State of Hawaii to define marriage in the State of 
Hawaii.
While this Act may bear a superficial resemblance to Act 294, Session 
Laws of
1992, that was the subject of the dispute in [A> BLAIR V. CAYETANO <A] , 73
Hawaii 536 (1992), this Act is in fact very different. This Act does not 
contain
the procedural items that the Hawaii Supreme Court in the [A> BLAIR <A] 
decision
found unlawfully delegated the lawmaking authority to the electorate when the
electorate was required to select one of two constitutional amendments 
proposed
at the primary election.  Act 294 required that the amendment receiving 
the most
votes in the primary would then proceed to be ratified at the general 
election.
The Court refused to authorize both constitutional amendments to be 
placed on
the ballot, ruling that the respective acts had not undergone the requisite
legislative process required by the State Constitution.  Nothing in Act 294
indicated that the legislature had contemplated the placing of both
constitutional amendments on the ballot for ratification.  This Act differs
significantly from Act 294. Here, the legislature intends to place both
amendments on the general election ballot.  In the event both are 
ratified and
determined to be conflicting, the amendment receiving the greater number of
votes will prevail.


   SECTION 2.  The Constitution of the State of Hawaii is amended by 
adding a
new section to be appropriately designated and to read as follows:
   " [A> MARRIAGE SECTION .  MARRIAGE SHALL BE DEFINED AS THE LEGAL 
ASSOCIATION
RESERVED FOR THE LAWFUL UNION OF A MAN AND A WOMAN AS AUTHORIZED BY 
GENERAL LAW.
<A] "

   SECTION 3.  The question to be printed on the ballot shall be as follows:

   "Shall marriage be defined as the legal association reserved 
exclusively for
a man and a woman?

   SECTION 4.  The Constitution of the State of Hawaii is amended by 
adding a
new section to be appropriately designated and to read as follows:

   " [A> MARRIAGE SECTION .  MARRIAGE, AS AUTHORIZED BY GENERAL LAW, 
SHALL NOT
BE PROHIBITED BASED SOLELY ON THE FACT THE TWO PEOPLE ARE OF THE SAME 
SEX. <A] "

   SECTION 5.  The question to be printed on the ballot shall be as follows:

   "Shall marriage be defined to allow any two people to be married, 
including
same-sex couples?"

   SECTION 6.  This amendment shall take effect upon compliance with Article
XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

SPONSOR:
Souki


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.
 
                         HAWAII 18TH STATE LEGISLATURE

                                HOUSE BILL 2508

                            HOUSE OF REPRESENTATIVES
                                  H.B. NO.2508
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI H.B. 2508

VERSION: Introduced

VERSION-DATE: January 19, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   RELATING TO MARRIAGE LICENSES.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  Section 572-6, Hawaii Revised Statutes, is amended to read as
follows:


   "'572-6 Application; license; limitations.  To secure a license to 
marry, the
persons applying for the license shall appear personally before an agent
authorized to grant marriage licenses and shall file with the agent an
application in writing. The application shall be accompanied by a statement
signed and sworn to by each of the persons, setting forth: the person's full
name, date of birth, residence; their relationship, if any; the full 
names of
parents; [D> and <D] that all prior marriages, if any, have been 
dissolved by
death or dissolution [D> . <D] [A> ; AND THE PERSON'S SOCIAL SECURITY NUMBER.
<A] If all prior marriages have been dissolved by death or dissolution, the
statement shall also set forth the date of death of the last prior spouse 
or the
date and jurisdiction in which the last decree of dissolution was 
entered.  Any
other information consistent with the standard marriage certificate as
recommended by the Public Health Service, National Center for Health 
Statistics,
may be requested for statistical or other purposes, subject to approval 
of and
modification by the department of health; provided that the information 
shall be
provided at the option of the applicant and no applicant shall be denied a
license for failure to provide the information.  The agent shall indorse 
on the
application, over the agent's signature, the date of the filing thereof and
shall issue a license which shall bear on its face the date of issuance.  
Every
license shall be of full force and effect for thirty days commencing from and
including the date of issuance. After the thirty-day period, the license 
shall
become void and no marriage ceremony shall be performed thereon. [A> THE 
LICENSE
SHALL ALSO HAVE PRINTED ON IT THE SOCIAL SECURITY NUMBERS OF THE PERSONS FOR
WHOM IT IS ISSUED. <A]

   It shall be the duty of every person, legally authorized to grant 
licenses to
marry, to immediately report the issuance of every marriage license to 
the agent
of the department of health in the district in which the license is issued,
setting forth all facts required to be stated in such manner and on such 
form as
the department may prescribe."

   SECTION 2.  Section 572-13 is amended to read as follows:

   "'572-13 Record of solemnization; marriages, reported by whom; certified
copies.  (a) Recordkeeping.  Every person authorized to solemnize 
marriage shall
make and preserve a record of every marriage by the person solemnized,
comprising the names of the man and woman married, their place of 
residence, and
the date of their marriage.

   Every person authorized to solemnize marriage, who neglects to keep a 
record
of any marriage by the person solemnized shall be fined $ 50.

   (b) Marriages, reported by whom.  It shall be the duty of every person,
legally authorized to perform the marriage ceremony, to report within three
business days every marriage ceremony, performed by the person, to the 
agent of
the department of health in the district in which the marriage takes place
setting forth all facts required to be stated in a standard certificate of
marriage, the form and contents of which shall be prescribed by the 
department
of health.

   (c) Certified copies of certificate of marriage.  The department of health
shall deliver one certified copy of the certificate of marriage or the 
contents
or any part thereof as provided in section 338-13 to the persons 
married.  The
certificate shall be prima facie evidence of the fact of marriage in any
proceeding in any court.

   [A> THE CERTIFIED COPIES OF THE CERTIFICATE OF MARRIAGE SHALL BEAR THE 
SOCIAL
SECURITY NUMBERS OF THE PERSONS FOR WHOM THE CERTIFICATE IS ISSUED. <A]

   The department of health shall upon request, furnish to any applicant
additional certified copies of the certificate of marriage or any part 
thereof.

   Copies of the contents of any certificate on file in the department,
certified by the department shall be considered for all purposes the same 
as the
original.

   The department may prescribe reasonable fees, if any, to be paid for
certified copies of certificates."

   SECTION 3.  Statutory material to be repealed is bracketed. New statutory
material is underscored.

   SECTION 4.  This Act shall take effect upon its approval.

SPONSOR:
Marumoto


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                HOUSE BILL 2723

                            HOUSE OF REPRESENTATIVES
                                  H.B. NO.2723
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI H.B. 2723

VERSION: Introduced

VERSION-DATE: January 19, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII DEFINING
MARRIAGE.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The purpose of this Act is to propose an amendment to the
Constitution of the State of Hawaii to define marriage in the State of 
Hawaii as
a legal association between a man and a woman.

   SECTION 2.  The Constitution of the State of Hawaii is amended by 
adding a
new section to be appropriately designated and to read as follows:

   " [A> MARRIAGE SECTION .  MARRIAGE SHALL BE DEFINED IN THE STATE OF 
HAWAII AS
THE LEGAL ASSOCIATION RESERVED FOR THE LAWFUL UNION OF A MAN AND A WOMAN. 
<A] "

   SECTION 3.  The question to be printed on the ballot shall be as follows:

   "Shall marriage be defined in Hawaii as the legal association reserved
exclusively for a man and a woman?"

   SECTION 4.  This amendment shall take effect upon compliance with Article
XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

SPONSOR:
Halford


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                HOUSE BILL 3256

                            HOUSE OF REPRESENTATIVES
                                  H.B. NO.3256
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI H.B. 3256

VERSION: Introduced

VERSION-DATE: January 25, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   PROPOSING AN AMENDMENT TO ARTICLE IX OF THE CONSTITUTION OF THE STATE 
HAWAII
RELATING TO THE DEFINITION OF MARRIAGE IN THE STATE OF HAWAII.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The purpose of this Act is to propose an amendment to 
Article IX
of the Constitution of the State of Hawaii to define marriage in the 
State of
Hawaii as the legal association wholly reserved for the lawful union of one
man and one woman as husband and wife.

   SECTION 2.  Article IX of the Constitution of the State of Hawaii is 
amended
by adding a new section to be appropriately designated and to read as 
follows:

   " [A> MARRIAGE SECTION .  MARRIAGE SHALL BE DEFINED IN THE STATE OF 
HAWAII AS
THE LEGAL ASSOCIATION WHOLLY RESERVED FOR THE LAWFUL UNION OF ONE MAN AND ONE
WOMAN AS HUSBAND AND WIFE. <A] "

   SECTION 3.  The question to be printed on the ballot shall be as follows:

   "Shall marriage be defined in Hawaii as the legal association wholly 
reserved
for the lawful union of one man and one woman as husband and wife?"

   SECTION 4.  This amendment shall take effect upon compliance with Article
XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:


SPONSOR:
Meyer


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                HOUSE BILL 3801

                            HOUSE OF REPRESENTATIVES
                                  H.B. NO.3801
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI H.B. 3801

VERSION: Introduced

VERSION-DATE: January 30, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   PROPOSING AN AMENDMENT TO ARTICLE IX OF THE CONSTITUTION OF THE STATE OF
HAWAII RELATING TO THE DEFINITION OF MARRIAGE IN THE STATE OF HAWAII.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The purpose of this Act is to propose an amendment to 
Article IX
of the Constitution of the State of Hawaii to define marriage in the 
State of
Hawaii as the legal association wholly reserved for the lawful union of one
man and one woman as husband and wife.

   SECTION 2.  Article IX of the Constitution of the State of Hawaii is 
amended
by adding a new section to be appropriately designated and to read as 
follows:

   " [A> MARRIAGE SECTION .  MARRIAGE SHALL BE DEFINED IN THE STATE OF 
HAWAII AS
THE LEGAL ASSOCIATION WHOLLY RESERVED FOR THE LAWFUL UNION OF ONE MAN AND ONE
WOMAN AS HUSBAND AND WIFE. <A] "

   SECTION 3.  The question to be printed on the ballot shall be as follows:

   "Shall marriage be defined in Hawaii as the legal association wholly 
reserved
for the lawful union of one man and one woman as husband and wife?"

   SECTION 4.  New constitutional material is underscored.

   SECTION 5.  This Act shall take effect upon compliance with Article XVII,
section 3, of the Constitution of the State of Hawaii.


INTRODUCED BY:
SPONSOR:
Abinsay


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                HOUSE BILL 3928

                            HOUSE OF REPRESENTATIVES
                                  H.B. NO.3928
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI H.B. 3928

VERSION: Introduced

VERSION-DATE: January 26, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   RELATING TO ECONOMIC ALLIANCES.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The legislature finds that, in our changing society, it is
beneficial to allow any two adults that perceive a need for economic reliance
upon each other to have certain economic privileges and responsibilities. Any
two adults should be allowed to implicate and integrate their financial 
affairs
completely and inseparably, and therefore could be involved in only one 
economic
alliance at a time.  Such arrangement would also preclude a married 
person from
creating such an economic alliance.

   SECTION 2.  The Hawaii Revised Statutes is amended by adding a new 
chapter to
be appropriately designated and to read as follows:

   "CHAPTER ECONOMIC ALLIANCES ' -1 Definitions.  As used in this chapter:

   "Agent" means the person authorized by the department of the attorney 
general
to issue economic alliance licenses.

   "Department" means department of the attorney general.

   "Economic alliance" means the relationship created by this chapter.


   "Economic ally" means either of the parties to an economic alliance.  
' -2
Creations of an economic alliance.  (a) Any two competent adults may 
enter into
an economic alliance by applying in writing to an agent and making the
following true statements:

   (1) Neither party is currently married nor has a current economic 
alliance;

   (2) Each of the parties is at least eighteen years of age; and

   (3) Consent of the parties has not been obtained by force, duress, or 
fraud.

   (b) The application shall be accompanied by a statement signed and 
sworn to
by each of the persons, setting forth the person's full name, date of birth,
residence; their relationship, if any; the full names of parents; and 
that all
prior marriages or economic alliances, if any, have been dissolved by 
death or
dissolution.  If all prior marriages or economic alliances have been 
dissolved
by death or dissolution, the statement shall also set forth the date of 
death of
the last prior spouse or economic ally or the date and jurisdiction in 
which the
last decree of dissolution was entered.  The application shall be accompanied
with the fee specified in section -3.

   (c) The agent shall endorse on the application, over the agent's 
signature,
the date of the filing and shall issue a contract which shall bear on its 
face
the date of issuance.

   (d) It shall be the duty of every person legally authorized to grant 
economic
alliance licenses to promptly report the issuance of every license to the 
agent
of the department of the attorney general in the district in which the 
license
is issued, setting forth all facts as required by the department.  ' -3 
Agents.
(a) The department shall appoint, and at its pleasure remove, one or more
suitable persons as agents authorized to grant economic alliance licenses 
under
this chapter in each judicial circuit.  The agents may issue licenses 
from any
state facility when deemed necessary by the director.  Any agent 
appointed under
this subsection and receiving an application for a license shall collect from
the applicant for the license $ 25, of which the agent, except those provided
for in subsection (b), shall retain $ 8 for the agent's benefit and 
compensation
and shall remit $ 17 to the attorney general for deposit into the general 
fund.

   (b) The attorney general may appoint, as regular employees under the civil
service and classification laws, the number of suitable persons as agents
authorized to grant economic alliance licenses for whom provision has 
been made
in the general appropriation act.  In the case of these agents, the full 
amount
collected from applicants shall be remitted to the attorney general for 
deposit
into the general fund.

   (c) Every agent appointed under this section may administer the oaths
required by this chapter to be taken.  ' -4 Entitlements of an economic
alliance.  The benefits and responsibilities to which economic allies 
shall be
entitled shall include:

   (1) Workers' compensation death benefits;

   (2) Wrongful death benefits;

   (3) Estate and transfer tax benefits;


   (4) Holding real property as tenants by the entireties;
   (5) Rights related in inheritance;

   (6) Financial obligations for necessities of life; and

   (7) The spousal privilege and confidential marriage communications 
rules of
evidence.  ' -5 Dissolution of an economic partnership.  Dissolution of an
economic partnership shall be done by application to the circuit court. The
court shall establish rules and may establish forms for dissolution.  The 
court
shall promptly inform the department of all dissolutions."

   SECTION 3.  Section 572-1, Hawaii Revised Statutes, is amended to read as
follows:

   "'572-1 Requisites of valid marriage contract.  In order to make valid the
marriage contract, which shall be only between a man and a woman, it 
shall be
necessary that:

   (1) The respective parties do not stand in relation to each other of 
ancestor
and descendant of any degree whatsoever, brother and sister of the half 
as well
as to the whole blood, uncle and niece, aunt and nephew, whether the
relationship is legitimate or illegitimate;

   (2) Each of the parties at the time of contracting the marriage is at 
least
sixteen years of age; provided that with the written approval of the family
court of the circuit within which the minor resides, it shall be lawful 
for a
person under the age of sixteen years, but in no event under the age of 
fifteen
years, to marry, subject to section 572-2;

   (3) The man does not at the time have any lawful wife living and that the
woman does not at the time have any lawful husband living [D> ; <D] [A> , AND
THAT NEITHER PARTY IS CURRENTLY A PARTY TO AN ECONOMIC ALLIANCE; <A]

   (4) Consent of neither party to the marriage has been obtained by force,
duress, or fraud;

   (5) Neither of the parties is a person afflicted with any loathsome 
disease
concealed from, and unknown to, the other party;

   (6) The man and woman to be married in the State shall have duly 
obtained a
license for that purpose from the agent appointed to grant marriage licenses;
and

   (7) The marriage ceremony be performed in the State by a person or society
with a valid license to solemnize marriages and the man and the woman to be
married and the person performing the marriage ceremony be all physically
present at the same place and time for the marriage ceremony."

   SECTION 4.  Section 572-6, Hawaii Revised Statutes, is amended to read as
follows:


   "'572-6 Application; license; limitations.  To secure a license to 
marry, the
persons applying for the license shall appear personally before an agent
authorized to grant marriage licenses and shall file with the agent an
application in writing.  The application shall be accompanied by a statement
signed and sworn to by each of the persons, setting forth: the person's full
name, date of birth, residence; their relationship, if any; the full 
names of
parents; and that all prior marriages [D> , <D] [A> OR ECONOMIC 
ALLIANCES, <A]
if any, have been dissolved by death or dissolution. If all prior 
marriages [A>
AND ECONOMIC ALLIANCES <A] have been dissolved by death or dissolution, the
statement shall also set forth the date of death of the last prior spouse 
[A> OR
ECONOMIC ALLY <A] or the date and jurisdiction in which the last decree of
dissolution was entered.  Any other information consistent with the standard
marriage certificate as recommended by the Public Health Service, National
Center for Health Statistics, may be requested for statistical or other
purposes, subject to approval of and modification by the department of 
health;
provided that the information shall be provided at the option of the 
applicant
and no applicant shall be denied a license for failure to provide the
information.  The agent shall endorse on the application, over the agent's
signature, the date of the filing thereof and shall issue a license which 
shall
bear on its face the date of issuance. Every license shall be of full 
force and
effect for thirty days commencing from and including the date of issuance.
After the thirty-day period, the license shall become void and no marriage
ceremony shall be performed thereon.  It shall be the duty of every person,
legally authorized to grant licenses to marry, to immediately report the
issuance of every marriage license to the agent of the department of 
health in
the district in which the license is issued, setting forth all facts 
required to
be stated in such manner and on such form as the department may prescribe.

   SECTION 5.  Statutory material to be repealed is bracketed.  New statutory
material is underscored.

   SECTION 6.  This Act shall take effect on July 1, 1996.

INTRODUCED BY:



SPONSOR:
Halford


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                SENATE BILL 2501

                                 S.B. NO.  2501
                                   THE SENATE
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI S.B. 2501

VERSION: Introduced

VERSION-DATE: January 24, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   PROPOSING AN AMENDMENT TO ARTICLE I, SECTION 5, OF THE CONSTITUTION OF THE
STATE OF HAWAII, TO AMEND THE DUE PROCESS AND EQUAL PROTECTION CLAUSE 
RELATING
TO SAME SEX MARRIAGES.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The purpose of this Act is to propose an amendment to 
article I,
section 5, of the Constitution of the State of Hawaii to clarify that 
same sex
marriages are not constitutionally protected and to define marriage as a 
legal
relationship between a man and a woman.

   SECTION 2.  Article I, section 5, of the Constitution of the State of 
Hawaii
is amended to read as follows:

   "DUE PROCESS AND EQUAL PROTECTION

   Section 5.  No person shall be deprived of life, liberty or property 
without
due process of law, nor be denied the equal protection of the laws, nor be
denied the enjoyment of the person's civil rights or be discriminated 
against in
the exercise thereof because of race, religion, sex or ancestry. [A> 
NOTHING IN
THIS SECTION OR ANY OTHER SECTION OF THIS CONSTITUTION SHALL BE 
INTERPRETED TO
CREATE A CONSTITUTIONAL RIGHT TO SAME-SEX MARRIAGES IN ORDER TO RESERVE
MARRIAGE AS A LEGAL RELATIONSHIP BETWEEN A MAN AND A WOMAN AS HUSBAND AND 
WIFE
WHICH HAS BEEN SANCTIONED BY THE STATE.  MARRIAGE AND ITS REQUISITES MAY BE
SUBJECT TO REASONABLE REGULATION BY THE STATE. <A] "


   SECTION 3.  The question to be printed on the ballot shall be as follows:
   "Shall marriage be defined as the legal association reserved 
exclusively for
a man and a woman?"

   SECTION 4.  New constitutional material is underscored.

   SECTION 5.  This amendment shall take effect upon compliance with article
XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:



SPONSOR:
Bunda


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                SENATE BILL 3112

                                 S.B. NO. 3112
                                   THE SENATE
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI S.B. 3112

VERSION: Introduced

VERSION-DATE: January 30, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   RELATING TO MARRIAGE.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  Section 572-1, Hawaii Revised Statutes, is amended to read as
follows:

   "'572-1 Requisites of valid marriage contract.  In order to make valid the
marriage contract [D> , which shall be only between a man and a woman, 
<D] [A>
BETWEEN TWO PERSONS <A] it shall be necessary that:

   (1) The respective parties do not stand in relation to each other of 
ancestor
and descendant of any degree whatsoever, brother [D> and <D] [A> OR <A] 
sister
of the half as well as to the whole blood, uncle [D> and niece, <D] [A> 
OR <A]
aunt [D> and nephew, <D] whether the relationship is legitimate or 
illegitimate;

   (2) Each of the parties at the time of contracting the marriage is at 
least
sixteen years of age; provided that with the written approval of the family
court of the circuit within which the minor resides, it shall be lawful 
for a
person under the age of sixteen years, but in no event under the age of 
fifteen
years, to marry, subject to section 572-2; (3) [D> The man <D] [A> EITHER 
PARTY
TO THE MARRIAGE <A] does not at the time have any lawful [D> wife <D] [A> 
SPOUSE
<A] living [D> and that the woman does not at the time have any lawful 
husband
living <D] ;


   (4) Consent of neither party to the marriage has been obtained by force,
duress, or fraud;
   (5) Neither of the parties is a person afflicted with any loathsome 
disease
concealed from, and unknown to, the other party;

   (6) The [D> man and woman <D] [A> PARTIES <A] to be married in the State
shall have duly obtained a license for that purpose from the agent 
appointed to
grant marriage licenses; and

   (7) The marriage ceremony be performed in the State by a person or society
with a valid license to solemnize marriages and the [D> man and the woman <D]
[A> PARTIES <A] to be married and the person performing the marriage 
ceremony be
all physically present at the same place and time for the marriage ceremony."

   SECTION 2.  Section 572-3, Hawaii Revised Statutes, is amended to read as
follows:

   "'572-3 Contracted without the State.  Marriages between [D> a man and a
woman <D] [A> TWO PEOPLE, <A] legal in the country where contracted [A> , <A]
shall be held legal in the courts of this State."

   SECTION 3.  Section 572-13, Hawaii Revised Statutes, is amended by 
amending
subsection (a) to read as follows:

   "(a) Recordkeeping.  Every person authorized to solemnize marriage 
shall make
and preserve a record of every marriage by the person solemnized, 
comprising the
names of the [D> man and woman <D] [A> TWO PEOPLE <A] married, their 
place of
residence, and the date of their marriage.  Every person authorized to 
solemnize
marriage, who neglects to keep a record of any marriage by the person 
solemnized
shall be fined $ 50."

   SECTION 4.  Section 572-21, Hawaii Revised Statutes, is amended to 
read as
follows:

   "'572-21 Presumption of separate property.  There is rebuttable 
presumption
that all property, both real and personal, acquired in the name of [D> the
husband or of the wife, <D] [A> ONE SPOUSE, <A] without regard to the 
time of
acquisition thereof, is the separate property of the spouse in the name 
of whom
the same has been acquired."

   SECTION 5.  Statutory material to be repealed is bracketed.  New statutory
material is underscored.

   SECTION 6.  This Act shall take effect upon its approval.

INTRODUCED BY:

SPONSOR:
Mizuguchi


                              THE STATE OF HAWAII
                                   BILL TEXT
                                    STATENET
           Copyright (c) 1996 by Information for Public Affairs, Inc.

                         HAWAII 18TH STATE LEGISLATURE

                                SENATE BILL 3114

                                 S.B. NO. 3114
                                   THE SENATE
                          EIGHTEENTH LEGISLATURE, 1996
                                STATE OF HAWAII

                               1995 HI S.B. 3114

VERSION: Introduced

VERSION-DATE: January 30, 1996

SYNOPSIS:

                                A BILL FOR AN ACT

   PROPOSING AN AMENDMENT TO ARTICLE I, SECTION 5, OF THE CONSTITUTION OF THE
STATE OF HAWAII, TO AMEND THE DUE PROCESS AND EQUAL PROTECTION CLAUSE 
RELATING
TO SAME SEX MARRIAGES.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

   SECTION 1.  The purpose of this Act is to propose an amendment to 
Article I,
section 5, of the Constitution of the State of Hawaii to clarify that 
same sex
marriages are not constitutionally protected and to define marriage as a 
legal
relationship between a male and a female.

   SECTION 2.  Article I, section 5, of the Constitution of the State of 
Hawaii
is amended to read as follows:

   "DUE PROCESS AND EQUAL PROTECTION

   Section 5.  No person shall be deprived of life, liberty or property 
without
due process of law, nor be denied the equal protection of the laws, nor be
denied the enjoyment of the person's civil rights or be discriminated 
against in
the exercise thereof because of race, religion, sex or ancestry. [A> 
NOTHING IN
THIS SECTION OR ANY OTHER SECTION OF THIS CONSTITUTION SHALL BE 
INTERPRETED TO
CREATE A CONSTITUTIONAL RIGHT TO SAME-SEX MARRIAGES IN ORDER TO RESERVE
MARRIAGE AS A LEGAL RELATIONSHIP BETWEEN A MAN AND A WOMAN AS HUSBAND AND 
WIFE
WHICH HAS BEEN SANCTIONED BY THE STATE.  MARRIAGE AND ITS REQUISITES MAY BE
SUBJECT TO REASONABLE REGULATION BY THE STATE. <A] "


   SECTION 3.  The question to be printed on the ballot shall be as follows:
   "Shall the Due Process And Equal Protection Clause be amended to 
clarify that
same sex marriages are not constitutionally protected in order to define
marriage as a legal relationship between a man and a woman as husband and 
wife
which has been sanctioned by the State and which may be reasonably 
regulated by
the State?"

   SECTION 4.  New constitutional material is underscored.

   SECTION 5.  This amendment shall take effect upon compliance with Article
XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

SPONSOR:
Mizuguchi