Date: Wed, 15 Feb 95 16:45:00 EST From: BRED100W@WONDER.EM.CDC.GOV SUBJECT: PRESS RELEASE DATE: 02-15-95 16:43 EST PRIORITY: HERMP (Hawaii Equal Rights Marriage Project) FOR IMMEDIATE RELEASE For more information contact Mark Breda phone (808) 951-7000 phone (808) 942-3737 pager (808) 641-2252 ALOHA GAY MARRIAGE UPDATE The move toward same-gender marriage in Hawaii continues despite legislative and judicial delays. The Hawaii Equal Rights Marriage Project (HERMP) remains confident that the State Supreme Court shall issue a final ruling requiring the issuance of marriage licenses to same-gender couples in 1996. OPEN MINDED GOVERNOR WINS ELECTION Democrat Ben Cayetano was sworn in as governor on December 5, 1994. Since March of 1994, Cayetano has taken a position in favor of making marriage laws identical for both same-gender and opposite-gender couples. He has suggested that all such "marriages" be characterized by the State as domestic partnerships, leaving the word "marriage" to the churches. This would satisfy the Hawaii Supreme Court requirement that all couples be treated equally under state law. It remains to be seen how or to what extent the governors will will be done. JUDGE BARS CHURCHES FROM COMMISSION STUDING SAME-GENDER MARRIAGE In April 1994, the Hawaii State Legislature passed a bill directing the Governor to appoint a "Commission on Sexual Orientation and the Law", to document any discrimination against same-gender couples as a result of denying them marriage licenses, and to draft specific legislation to remove that discrimination. Commissioners were chosen in October 1994, and represented the full spectrum of public opinion on the issue. In December 1994, two religious conservatives filed a motion for a Temporary Restraining Order against the Commission, contending, among other things, that the presence of Catholic, Mormon, and American Friends Service Committee (AFSC) representatives on the Commission violated the principle of separation of church and state. On December 21, 1994, Federal Judge Harold Fong ordered the Catholic and Mormon representatives removed from the Commission, but allowed the AFSC members to remain because the AFSC is considered independent of the Quakers (Society of Friends). Ironically, this ruling removed the very commissioners aligned with those persons filing the motion. On January 9, 1995, Judge Fong held a second hearing on the issue and on January 13th, he issued a Permanent Injunction confirming his previous decision. The Commission may legally continue its activities without replacing the four barred commissioners, as the requisite quorum of seven commissioners remains. The barred commissioners have since written a public letter to the Governor, in which they ask him to call for the resignations of the other commissioners; they charge that the Commission is now unbalanced, and no longer fulfills the legislative intent of representing a cross-section of the people of Hawaii. HERMP supports the immediate appointment of replacement commissioners to replace those barred so that the important work of the Commission can be concluded in a timely manner. COURT CASE DELAYED Hawaii's Supreme Court ruled in 1993 that the State of Hawaii must issue marriage licences to same-gender couples, unless a "compelling state interest" in denying them licenses could be demonstrated to the Court. The High Court then remanded the issue to a lower court to hear any arguments for a "compelling state interest". On January 17, 1995, the State of Hawaii asked for a postponement of the Circuit Court hearing scheduled for April in which the "compelling state interest" arguments were to have been heard. The State requested this delay so that the State Legislature would have more time to take action on any report issued by their "Commission on Sexual Orientation and the Law" (see above). The Circuit Court judge granted the State's request for a delay and moved the court date from April to September 25, 1995. The Hawaii Equal Rights Marriage Project (HERMP) does not expect the State to discover any "compelling state interest" between now and September. In any event, after the Circuit Court ruling it is anticipated that the loser will appeal to the Hawaii Supreme Court, which would rule definitively on this issue sometime in 1996. The State may request further delays, which should not affect the inevitable ruling allowing same-gender marriages. However, continued postponements entails exorbitant legal fees for HERMP and this depletes the local gay and lesbian community's resources. HERMP is a volunteer non-profit organization dedicated to securing full fledged marriage rights for gay and lesbian couples in Hawaii. For information or for contributions, contact: The Hawaii Equal rights Marriage Project HERMP/GLCC 1820 University Avenue #208 Honolulu HI 96822