Subject: HAWAII, APR. 14
From: [email-masked]
Date: Fri, 14 Apr 95 22:16:54 HST

MORMON CHURCH TO APPEAL
			   JUDGE'S DECISION

	On March 28, Judge Shimabukuro denied a February 24 motion
by the Mormon Church to join BAEHR V. LEWIN as co-defendant with the
state.  Dan Foley, attorney for the three same-sex couples who are the
plaintiffs in BAEHR V. LEWIN, said that an appeal of the Judge's decision
would be "frivolous" and that "we would move to sanction the church and
the church's attorney" because they "would be wasting our time and the
court's time."  Mormon Spokeswoman Napua Baker declared that "We firmly
believe that the importance of preserving traditional marriage can be
demonstrated."  [Source:  Honolulu Star-Bulletin, March 29, page A-2]

	Foley's threat to request sanctions (typically, payment of his
fees and court costs) did not deter the Mormon Church.  The full text
of an April 14 Star-Bulletin article is appended; the article's brevity
may cause confusion about several points (Hawaii's laws did not specify
marriage as between a man and a woman until the summer of 1994, long after
the three couples had filed their suit; also, Hawaii's Constitution
includes the equal rights amendment which specifically bans sex
discrimination).

					In honor of Good Friday,

					Tom Ramsey
					Secretary, Steering Committee
					Hawaii Equal Rights Marriage Project

Honolulu Star-Bulletin, April 14, page A-12
(repeated without permission):

		Same-sex appeal filed by Mormons
		Star-Bulletin staff

	Saying they want to join the legal fight against same-sex marriages,
members of the Church of Jesus Christ of Latter-day Saints have appealed a
March 28 Circuit Court ruling keeping them from becoming a full party in a
lawsuit involving such unions.

	Three Mormons filed the appeal this week, saying legalizing same-sex
marriage would contribute to the deterioration and erosion of families.

	The three are Charles W. H. Goo, who oversees congregations in Laie;
Delbert F. Kim, who oversees those in Wahiawa; and Bishop Harry H. Brown, Jr.,
a Laie congregation leader.

	They say they based their appeal on the fear that the authority of the
Hawaii clergy to solemnize marriages could be lost if they refused to perform
same-sex marriages.

	The state Supreme Court two years ago ruled that it is unconstitutional
to ban same-sex marriages unless the state can provide a compelling reason
why they shouldn't occur.

	Justices based their ruling on the state Constitution's equal protec-
tion clause, saying denying same-sex marriage would be gender discrimination.

	Three same-sex couples filed the suit in December 1990 after the state
refused to issue marriage licenses to them.  The law says marriage can occur
only between a man and a woman.

	The suit is scheduled to return to Circuit Court Sept. 25.

	Dan Foley, attorney for the couples, has said the Mormons have no right
or standing to participate as full parties in the suit.

					end of article