Date: Wed, 09 Apr 1997 16:18:29 -1000 From: lambda@aloha.net (Martin Rice) Subject: Hawai`i Action Alerts, Information & Updates #6 Aloha kakahiaka kakou. Getting down to the wire. Many sources are citing midnight HST, April 11th (3am PDT or 6am EDT April 12) as the cut-off date for the proper and legal notification of a constitutional amendment of any sort to be presented to the Governor. That's only hours away . . . . REPORTS ON THE JOINT CONFERENCE COMMITTEE CAROLYN GOLOJUCH TOM RAMSEY CAROLYN GOLOJUCH: More support for "Family Rights Weekend" BILL WOODS: Update on next meeting of Joint Conference Committee TOM RAMSEY: Notice of tonight's meeting MICHAEL GOLOJUCH: "Head's up" <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> REPORT FROM CAROLYN GOLOJUCH: April 8, 1997 1. Proposed Constitutional Amendment SB 117, SD1, CD1 "The legislature shall have the power to regulate the issuance of marriage licenses." A. Effect: Existing restrictions limiting marriage licenses to couples of the opposite sex would be validated. Baehr v. Lewin would be overruled in this regard and the courts would be without the power to mandate the issuance of marriage licenses to same sex couples. B. Rights and Benefits: The constitutional amendment does not impose any restrictions upon access to legislature, administration, or courts on the recognition to others of rights and benefits afforded married couples. No such rights are intended to be constitutionally conferred. But no limitation on the due process or equal protection rights of any person are imposed. C. Summary: The status of marriage as a union between persons of the opposite sex is constitutionally preserved. The extension of rights to nontraditional couples is permitted. II. Reciprocal beneficiaries package SB 118, HD1, SD1, CD1 A. House proposed reciprocal beneficiary model retained 1. No residency requirement 2. Limited to persons who cannot legally marry and are not already married. 3. Registration with Department of Health required. B. House Proposed Rights Retained 1. Survivorship (inheritance) 2. Health (hospital visitation) 3. Jointly help property (tenancy in entirety) 4. Legal standing (wrongful death) C. Senate Proposed Rights Retained: 1. Survivorship (workers Compensation; State Employees Retirement) 2. Health (Prepaid medical insurance coverage) 3. Jointly held property (State income taxation) 4. Legal standing (victims rights, domestic violence) D. Two year fiscal impact study of Senate proposed rights E. Reciprocal beneficiaries status and benefits become effective upon approval of the law <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> From: ramsey@math.hawaii.edu (Tom Ramsey) Date: Tue, 8 Apr 97 16:48:43 HST Subject: *M-EDIT*: HAWAII APRIL 8 SENATE OFFERS THE HOUSE ANOTHER CONSTITUTIONAL AMENDMENT APRIL 8, 1997 Four Senate conferees offered the House a constitutional amendment that states that the Legislature shall have the power to regulate marriage licenses (exact wording will be supplied later). This is their latest draft of HB 117 (I have refrained from broadcasting numerous intermediate drafts that last at best a few days). In conjunction with HB 117, the Senate insisted on a slightly changed Senate version of HB 118, the reciprocal beneficiaries bill. Among the changes is this: HB 118 will take effect immediately upon approval by the legislature and the governor (the earlier drafts were conditioned upon approval by the voters of HB 117 in the November 1998 election; the Attorney General has advised the Senate that such conditional approval is unconstitutional). The Constitutional Amendment bill, HB 117, is practically what the House demands. HB 118 is far from the House's position, which is much narrower in the list of benefits which the House would grant "reciprocal beneficiaries". Will the House accept this package? Please stay tuned. The conferees adjourned without setting another meeting time, subject to being recalled by the chairs. Tom Ramsey President, friends of h.e.r.m.p P.S. The ACLU of Hawaii, Marriage Project-Hawaii, and Friends of h.e.r.m.p have been reaching out to the public with print, radio and TV advertising. This is expensive, high profile work! If you wish to help them wage this battle effectively, please contribute to Marriage Project-Hawaii PO Box 11690 Honolulu, HI 96828 (tax-deductible; formerly h.e.r.m.p) Friends of h.e.r.m.p PO Box 11690 Honolulu, HI 96828 (non-tax-deductible) Friends of h.e.r.m.p has a 900 number, 1-900-97-MARRY, for donations by telephone (age 18+). <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> UPDATE FROM CAROLYN GOLOJUCH: In the last few days, the following organiztions have joined 38 others to co-sponsor the "Family Rights Weekend: PFLAG/Greater Springfield, MA School of Social Work, University of Hawaii-Manoa PFLAG Baltimore PFLAG Kauai Lambda Aloha, Kauai FAMILY RIGHTS WEEKEND Honolulu, Hawaii April 18 & 19 1997 Friday April 18: Info Day at the Hawaii Legislature 10am-3pm Saturday April 19: Rally & Picnic at Ala Moana Park 10am-3pm To lobby for equal rights for ALL families and for the legal recognition of same-gender relationships, To celebrate the successes of the movement for equal rights for gay/lesbian/bisexual/transgender (GLBT) people, To build courage, strength and unity, To discuss our challenges, goals and dreams for the future, and To relax and get to know each other in a safe, non-th Contact: Carolyn Martinez Golojuch of PFLAG Oahu (GOCAROLYN@aol.com) 808-672-9050, Fax:-672-6347; 92-954 Makakilo Dr. #71, Makakilo, HI 96707 Kathy Worthington, Salt Lake City, of "Kathy's List" (KathyWUT@aol.com);by phone: 801-288-9294 852 W River Trail Ter # 717 SLC, UT 84123 <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> Was just advised by Bill Woods, president of the GLEA Foundation, that Terrance Tom has called for a fifth meeting of the Joint Conference Committee for tonight, April 9, at 9pm, room 325 at the State Capitol. Attendance is strongly urged, if at all possible. Bill cited two reliable, but unnamed, sources regarding this meeting, stating that the purpose for the late hour is to allow for Tom's side to regroup and present yet another version of either HB 117 or HB 118 or both, and to allow as many people who oppose same-sex marraige the opportunity to attend. Another explanation was offered: Tom has a playing engagement tonight from 6 to 8pm. Indications are that Joe Souki has rejected the new proposals and has instructed Tom to redraft yet another counter proposal. A hui hou, Martin <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> NOTICE FROM TOM RAMSEY: HOUSE-SENATE CONFERENCE COMMITTEE TO MEET 9 PM TONIGHT (WEDNESDAY) Tracey Bennett has phoned me to alert you that the House-Senate Conference Committee will meet tonight, in Room 325 of the Capitol. Come to the Capitol if you can, to witness history being made (or unmade?). The good news is that they are struggling to deal with gays and lesbians, the bad news is that they are struggling .... Best, Tom Ramsey <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> "HEADS UP" FROM MICHAEL GOLOJUCH: Just for your information on KHVH radio this morning, they mentioned the ad taken out for the four senators. I know Rick on that show does not support same gender marriage, but he does listen to both sides. In fact his first caller, although saying get rid of the word marriage, that those who are gay want equal rights not special rights. The next caller, Don, bad mouthed the senators because they were saying that they (senators) knew what was better to do than the public who elected them. I heard that show and I think Don was smoking, inhaling or shooting up something, because I didn't hear that. The last caller they took before the hour, Betty was cut off by Rick bcause she started calling Matt various names and accused him of being a gay activist. Rick made the statement that he accepted various points of view but name calling and personal attacks were not acceptable. ~~pau~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "Is there any truth to the rumor that a gay man is trapped in the body of Martha Stewart?" --Unknown ~~~~~ Fred and Martin 24 years, yet strangers before the law ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~