Date: Mon, 26 Jan 1998 10:54:38 -1000 From: lambda@aloha.net (Martin Rice) Subject: SA 411: STATUS OF MARRIAGE IN HAWAI`I At 01:24 PM 1/26/98 UT, C T wrote: >Martin, > >My partner and I are anxiously awaiting any news concerning the same-sex >marriage situation in Hawaii. Is there any indication of when and if this >will become a reality in 1998? If it does we're ready to book the next plane >to Hawaii. Could you please place me on any e-mail distribution list that may >exist for the latest news? Thank you! > >Connie > > Aloha kakahiaka `oe Connie, There's no timeframe in effect, yet. The Hawai`i Supreme Court could rule this afternoon, or it could rule a year from whenever. The key is whether or not the Hawai`i Supremes decide to hear more oral arguments (a common legalese redundant phrase, not mine, please). If they decide not to hear those arguments, then they can issue their ruling on the State's appeal of Judge Chang's order to the Deparment of Health to issue marriage licenses to the plaintiffs at any time. Otherwise, if the Court decides that they need to hear more arguments, then both the defendants and the plaintiffs have a year to prepare for that onset of that eventuality. A decision by the Supreme Court under this scenario is still not bound by a timetable. I'm afraid that several key people affiliated with the case were running around the country last year chanting the mantra "December, December," thereby getting everybody's expectations up. I've steadfastly refused to get into the guessing game, knowing Hawai`i as I do. But others, eager to draw attention to themselves, have been misleading mainlanders into thinking otherwise. On their behalf, let me apologize for your anxiety. Just so everyone's clear on the status of the marriage issue here. It has been legal for two people of the same sex to get married in Hawai`i since 1978. It was only in 1990 that a group of people in Honolulu got together to try to get marriage licenses issued to them. They were led by Bill Woods, then-Director of the Honolulu Gay and Lesbian Community Center. The original case was thrown out of circuit court in 1991. In 1993, the Hawai`i Supreme Court overturned the 1991 decision, ruling that the refusal to issue licenses was an illegal act forbidden by Hawai`i's Constitution which bans discrimination based on gender, sending the case back to circuit court, where it was heard in September of 1996. In December of that same year, Judge Chang issued his directive to the Department of Health to issue the licenses to Tammy Rodriques & Tony Pregil, Pat Lagon & Joe Demilio and Genora Dancel & Ninia Baehr, which the state immediately appealed. Judge Chang granted the state's request for an appeal to the Hawai`i Supreme Court, and in the meantime granted a stay of execution of the order to issue those licenses until the appeal could be ruled upon. In the meantime, the court case, Baehr v. Miike, is an activity financially supported by the Marriage Project Hawai`i, a branch of the Honolulu Gay and Lesbian Community Center, through fundraising efforts. Those funds that are raised go directly to offset legal expenses incurred by the original attorney, Dan Foley. The current co-Directors of the Marriage Project Hawai`i are Sue Reardon and Ken Miller, who has just recently taken over Tom Ramsey's former position. Tom Ramsey is now focusing on the political aspects surrounding the marriage issue in Hawai`i. Hope this helps. A hui hou, Martin P.S.--I will gladly add your address to the broadcast list. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "LOST IN TIME, LOST IN SPACE" "We don't want to go back to tomorrow, we want to go forward." "I have made good judgements in the Past. I have made good judgements in the Future." "The future will be better tomorrow." --former Vice President Dan Quayle ~~~~~~ Fred and Martin, 25 years, yet strangers before all but 18.8% of the law. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~