THE RIGHTS AND BENEFITS OF MARRIAGE === ====== === ======== == ======== Here is a portion of the brief by the appellant's attorney, Dan Foley, to the Hawaii State Supreme Court in the appeal of the same-sex marriage case, BAEHR v. LEWIN. (Opinion delivered May 5, 1993.) The section quoted is a list of the "rights and benefits" accorded by Hawaii state law to heterosexual married couples that are not available to same-sex couples, who cannot legally marry. Thanks to Tom Ramsey (ramsey@math.hawaii.edu) and the Hawaii Equal Rights Marriage Project for faxing me this material. HERMP can be reached at 1820 University Avenue, Suite 208 Honolulu, HI 98822. voice: (808)942-3737, fax: (808)926-1000. They needs donations to help with the costs associated with the fight to allow same-sex couples to legally marry. -- John Wilkinson (jwilk@eskimo.com) ----------------------------------- C. THE LOWER COURT ERRED WHEN IT FOUND THAT H.R.S. [SECTION] 572-1, WHICH PERMITS HETEROSEXUAL MARRIAGES BUT NOT HOMOSEXUAL MARRIAGES, DOES NO INFRINGE ON A PERSON'S INDIVIDUALITY OR LIFESTYLE, NOR RESTRICT OR BURDEN THE EXERCISE OF THE RIGHT TO ENGAGE IN A HOMOSEXUAL LIFESTYLE. Appellee's denial of Appellant's application for license to marry in effect denies Appellants the following rights and benefits that are contingent on marital status: veteran's preference to spouse in the public employment, H.R.S. [Section] 76-103; vacation allowance on termination of public employment by death; H.R.S [Section] 79-7; funeral leave for government employees, H.R.S [Section] 79-13; travel and transportation expenses of government employees, H.R.S. [Section] 83-8; accidental death benefit for surviving spouse for government employee, H.R.S. [Section] H.R.S [Section] 88-85; death benefit for surviving spouse of government employee, H.R.S [Section] 88-286; assistance to displaced persons, H.R.S [Section] 111-2; lease of agricultural parks, H.R.S [Section] 166-6(2); continuation of rights under existing homestead leases, certificates of occupation, rights to purchase leases and cash free hold agreements concerning the management and disposition of public land, H.R.S [Section] 171-99; inheritance of land patent, H.R.S [Section] 172-11; lower hunting license fee, H.R.S [Section] 183D-22(1); eligibility for housing opportunity allowance program of the Housing Finance and Development Corporation, H.R.S [Section] 201E-145; tax relief for natural disaster losses, H.R.S [Section] 234-9; income tax deductions, credits, rates, exemptions, and estimates, H.R.S [Sections] 235-1, 235-2.4(a), 235-4, 235-7, 235-7.5, 235-51, 235-52, 235-54, 235-55.6, 235-61, 235-93, 235-97; homes of totally disabled veterans exempt from property taxes, H.R.S [Section] 246-29; exemption from conveyance tax, H.R.S [Section] 247-3(4); airport relocation assistance for displaced persons, H.R.S [Section] 261-31 (definition of "family"); non-resident tuition deferential waiver, H.R.S [Section] 304-4(b); making, revoking, and objecting to anatomical gifts, H.R.S [Section] 327-3(a)(1); rights and proceedings for involuntary hospitalization and treatment, H.R.S [Sections] 334-1, 334-60.4, 334-60.5, 334-125; legal status and the rights, privileges, duties, and obligations of a child, H.R.S [Sections] 338-1, 338-21; waiver of fees for certified copies and and searches of vital statistics, H.R.S [Section] 338-14; disclosure of vital statistics records, H.R.S [Section] 338-18; permission to make arrangements for the burial or cremation, H.R.S [Section] 346-15(d); public assistance from the Department of Human Services, H.R.S [Section] 346-29; exemption from real property lien of Department of Human Services of allowance to surviving spouse, H.R.S [Section] 346-29.5(c); exemption from claims of Department of Human Services for social services payments, financial assistance, or burial payments, H.R.S [Section] 346-37; notice of guardian ad litem proceedings, H.R.S [Section] 346-237(3); criminal injuries compensation, H.R.S [Section] 351-2 (definition of "relative"); burial of servicemen's dependents, H.R.S [Sections] 363-5(3)(4), 363-7; payment of worker's compensation benefits after death, H.R.S [Sections] 386-34, 386-41, 386-42, 386-43; payment of wages to relative of deceased employee, H.R.S [Section] 388-4; beneficial owner status of corporate securities, H.R.S [Section] 417E-1; proof of business partnership, H.R.S [Section] 425-4; insurance licenses, coverage, eligibility, and benefits, H.R.S [Sections] 431:9-233, 431:10-206, 431:10-232, 431:10-234, 431:10A-103, 431:10A-116.5, 431:10A-401, 431:10A-403, 431:10C-103, 431:10C-304, 431:10D-104, 431:10D-114, 431:10D-201, 431:10D-203, 431-10D-212, 431:10D-308, 431N-1; organization of mutual benefits society, H.R.S [Section] 432:1-104(2)(a)(i); vitro fertilization procedure coverage, H.R.S [Section] 432:1-604; consent to a postmortem examination, H.R.S [Section] 453-15; right to gasoline dealer franchise, H.R.S [Section] 486H-9; control, division, acquisition, and disposition of community property, H.R.S [Sections] 510-5, 510-6, 510-9, 510-10, 510-22, 510-23; exemption from regulations of condominium sales to owner-occupants, H.R.S [Section] 514A-108; sole interest on property, H.R.S [Section] 516-181(b); qualification as facility for the elderly, H.R.S [Section] 524-1 (definition of "facility"); notice to probate proceeding , rights by way of dower or curtesy, right to inherit property, H.R.S [Sections] 533-1, 533-3, 533-4, 533-6, 533-7, 533-8, 533-16; appointment as guardian of minor, H.R.S [Section] 551-2; right of survivorship to custodial trust, H.R.S [Section] 554B-6; rights to notice, protection, benefits and inheritance under the Uniform Probate Code, H.R.S [Sections] 560:1-201, 560:2-102, 560:2-109, 560:2-201, 560:2-207; 560:2-103, 560:2-401, 560:2-402, 560:2-403, 560:2-404, 560:2-508, 560:2-802, 560:3-101, 560:3-203, 560:3-303, 560:3-403, 560:3-109, 560:3-902, 560:3-906, 560:3-1212, 560:5-103, 560:5-210, 560:5-301, 560:5-309, 560:5-311, 560:5-410, 560:5-422, 560:5-601, 560:6-107; award of child custody in divorce proceedings, H.R.S [Sections] 571-46, 571-46.1; support payments in divorce action, H.R.S [Section] 571-52; right to support from spouse, H.R.S [Section] 572-24; right to enter into premarital agreement, H.R.S [Section] 572D-1; right to change name, H.R.S [Section] 574-5(a)(3); right to file action for nonsupport, H.R.S [Section] 575-3; status of children, H.R.S [Sections] 577-14, 577-15, 557-25, 577-26, 577A-3; right to support after divorce, H.R.S [Section] 580-47; division of property after dissolution of marriage, H.R.S [Section] 580-56; spousal privilege and confidential marital communications, H.R.S [Section] 626-1, Rule 505 of the Hawaii Rules of Evidence; real property exempt from attachment or execution, H.R.S [Sections] 651-91(1), 651-92(a)(1), 651-121(1); right to sue for tort and death by wrongful act, H.R.S [Sections] 663-1, 663-3; right to be notified of parole or escape of inmate, H.R.S [Sections] 706-670.5, 706-673; bill of rights for victims and witnesses, H.R.S [Sections] 801D-2 (definition of "surviving immediate family members"), 801D-4; and succession to Hawaii Homes Commission leases, Hawaii Homes Commission Act [Section] 209. In being a homosexual and engaging in a homosexual lifestyle, homosexuals are denied these state created rights and benefits available to heterosexuals engaging in a heterosexual lifestyle through marriage. To find that denial of these rights and benefits imposes no burden or restriction upon homosexuals is in error. -----------------------------------