Date: Tue, 04 Feb 1997 20:36:41 -1000 From: lambda@aloha.net (Martin Rice) Subject: HAWAI`I HOUSE BILL 117 SENATE DRAFT 1 Aloha ahi ahi kakou. Following please find the new Senate draft of the old House Bill 117 (HB 117 SD 1). This bill was formerly Senate Bill 1800. The old HB 117's language was removed and the language from Senate Bill 1800 was inserted, producing House Bill 117 Seante Draft 1. This bill only differs slightly in the number of lines contained in pages 2 and 3, and the section number of the proposed amendment is entered. Otherwise it is identical. This bill and one other will be considered by the full Senate this week during debate. If this or the only other active bill are passed, then the House and Senate will meet in joint committee to work out differences, since both this and HB 118 HD1 SD1 have been changed considerably. OTHER CLIPPERS AND FORWARDERS: PLEASE DO NOT REFORMATE IF TRANSMITTING AS HAWAI`I RESIDENTS MAY NEED TO UTILIZE THIS FOR TESTIMONIAL PURPOSES. MAHALO!! HOUSE BILL NO. 117 SENATE DRAFT 1 HOUSE OF REPRESENTATIVES NINETEENTH LEGISLATURE, 1997 STATE OF HAWAI`I A BILL FOR AN ACT PROPOSING A CONSTITUTIONAL AMENDMENT RELATING TO MARRIAGE. BE IT ENACTED BY THE LEGISALTURE OF THE STATE OF HAWAI`I 1 SECTION 1. The legislature finds it necessary and 2 appropriate for the people of the State of Hawai`i to 3 constitutionally reserve the institution of marriage to a union 4 between one man and one woman. This action would 5 consitutitionally preservere the existing restriction in our 6 marriage laws. The legislature further finds that Hawai`i's 7 existing marriage laws were intended to principally foster the 8 traditional family and should, therefore, be reserved for couples 9 of the opposite sex. 10 However, the legislature must also be cognizant of its 11 obligation to promote equality among all of Hawai`i's citizens, 12 and therefore, the development of future laws regarding 13 governmental regulation of relationship status shall be designed 14 to foster permanent, committed relationships regardless of race, 15 religion, sex, or ancestry. Thus, the legislature cannot: 16 (1) Deprive any of our citizens of meaningful access to the 17 courts, thereby potentially violating due process and 18 separation of powers principles; 19 (2) Base it restrictions upon animus against any element 20 of our population; nor PAGE 2 H.B. NO. 117 S.D. 1 1 (3) Diminsh societal preferences to foster permanent, 2 loving, committed relationships of mutual support. 3 The purpose of this Act is to propose an amendment to 4 Article IX of the Constitution of the State of Hawai`i that will 5 preserve traditional marriage while ensuring that others are not 6 deprived of civil rights on the basis of sex. 7 SECTION 2. Article IX of the Constitution of the State of 8 Hawai`i is amended by adding a new section to be appropriately 9 designated and to read as follows: 10 "MARRIAGE 11 SECTION 11. The State shall have the power to regulate and 12 define the institution of marriage, including the reservation of 13 marriage to couples of the opposite sex; provided that this 14 reservation shall be effective only if the laws of the State 15 ensure that the application of this reservation does not deprive 16 any person of civil rights on the basis of sex." 17 SECTION 3. The question to be printed on the ballot shall 18 be as follows: 19 "Shall the State have the power to reserve marriage to 20 couples of the opposite sex; provided that doing so does not 21 deprive any person of civil rights on the basis of sex?" PAGE 3 H.B. NO. 117 S.D. 1 1 SECTION 4. New constitutional material is underscored. 2 SECTION 5. This amendment shall take effect upon compliance 3 with article XVII, section 3, of the Constitution of the State of 4 Hawai`i. HB117 SDI JDC ~~pau~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "The House [of Representatives] is a corrupt institution." --Newt Gingrich Esquire, 10/89 "I am a creature of the House." --Newt Gingrich The Atlantic, 6/93 ~~~~~ Fred and Martin 24 years, yet strangers before the law ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~