Date: Fri, 5 Jun 1998 06:58:37 -0700 (PDT)
From: Rex Wockner <rwockner@netcom.com>
Subject: NC7132: Current status of Hawaii marriage case 


Subject: SA 722: CURRENT STATUS OF HAWAI`I MARRIAGE
Date: Wed, 03 Jun 1998 08:01:29 -1000
From: Martin Rice <lambda@aloha.net>

Aloha kakahiaka `oe ... 

Will try to be as brief with this as possible as to your request as to the
status of marriage in Hawai`i. 

On December 4, 1996, Judge Kevin Chang ruled that the State of Hawai`i did
not present compelling reasons to deny three same-sex couples marriage
licenses, and ordered the state to execute his opinion that those licenses
be issued immediately. 

Not surprisingly, the State appealled Judge Chang's decision, and in doing
so, also requested a stay of execution of Judge Chang's order, which was
granted, until that time that the State's appeal is ruled upon by the
Hawai`i Supreme Court, the final authority in this matter at this level. 

So, technically, Hawai`i does recognize that the marriage laws apply to
all couples, but the State is not, at this time, required to issue
licenses to same-sex couples (yet more discrimination perpetrated by the
State). 

There is no timetable for the next ruling from the Hawai`i Supreme Court. 
They could rule today that they've heard and read sufficient evidence to
issue their opinion, and do so, or they could say that they want to hear
more arguments, in which case, the State and the plaintiffs would be given
a year to prepare their briefs.  So the ruling from the Hawai`i Supreme
Court could come today, or a year from whenever. 

Against this backdrop, our opponents have been successful in gettting two
damaging questions placed on the November ballot.  One calls for a
Constitutional Convention (Hawai`i's Constitution could be rewritten at
this convention to only recognize opposite-sex marriage) and the other
calls for a Constitutional Amendment (giving the Legislature the power to
define marriage in terms of one man and one woman). 

Our community is in the process of mobilizing to defeat both of these
ballot questions. 

Hope this helps. 

A hui hou,

Martin