From: ramsey@math.hawaii.edu Date: Wed, 8 Nov 95 15:33:02 HST Subject: HAWAII, NOV. 8 HAWAII, NOV. 8 COMMISSION APPROVES 35-PAGE MOTION ON PUBLIC POLICY Working overnight between Monday and Tuesday, Commissioner Morgan Britt produced a 35-page motion (up from 20 pages which had been circulated earlier) which analyzed the public policy implications of the discrimination against same-gender couples (this discrimination was documented in a 70-page motion which the commission finally approved on Monday, Nov. 6). Morgan Britt melded together diverse notes provided by individual commissioners. The resulting motion passed at the Tuesday meeting of the commission, with feeble opposition from the Rutherfordites---the Rutherfordites were simply exhausted. On Wednesday morning, Nov. 8, the commission discussed the final third of its report: what action, if any, will the commission recommend to the legislature? The commission heard formal testimony from Dr. Robert Bidwell, who had done a Medline and Psychlit search on gay parenting and related topics. Dr. Bidwell described the results of the search: gay parents do no harm, are sometimes better than two heterosexual parents, and are definitely better (on average!) than single parents. However, the literature is com- posed of mostly small studies. Dr. Bidwell found most useful a survey article by C. J. Patterson (1992), which reviewed 12 studies that included about 300 children altogether. Better studies, more extensive and better designed (especially, longitudinal), are being conducted. Scott Makuakane was also asked to testify on inheritance and legacy issues, at the request of the Rutherfordites. Scott's main point was that the benefits of marriage were balanced by obligations (e.g., of mutual support). He developed this theme at some length (this theme has recurred in the commission hearings). Finally, Stauffer asked him why people bothered to get legally married, if the benefits were outweighed by obligations? Makuakane quickly backpedaled---they weren't outweighed, just BALANCED. Stauffer persisted: why then would anyone get a marriage license? Scott replied that most people were unaware of the balance of benefits by obligations. Stauffer then asked if the state was in fact deceiving people when encouraging marriage. Makuakane had no answer, but finally ended with a resounding statement for equality: whatever is done to extend benefits, all the obligations had to be extended as well; it should be made exactly the same. Jim Hochberg (Rutherfordite) congratulated Stauffer (a Ph. D. in history, unlike lawyers Hochberg and Makuakane) on his cross- examination skills. Other witnesses included Diane Sutton (the Big Island woman who killed Project 10 there), Janice Judd (right-wing Roman Catholic), and Martin Rice (HERMP supporter from Kau'ai). Martin Rice spoke to his and his partner's experiences: lacking health insurance, the legal expenses of creating property protection, paying taxes but denied equal protection of the laws; also, Martin served two tours in Vietnam as a member of the U.S. Army and his partner was in the Navy. It was great to have the personal experiences related, after so much abstract argument. Barnes and Noble at Kahala Mall donated a copy of "Prayers for Bobby" for the Commission's library. Chairman Tom Gill circulated a memo listing the full range of legislative recommendations which the various commissioners had proposed: ranging from legalizing same-gender marriage to banning same-gender marriage (the latter via a constitutional amendment). He said the list of options was open-ended, and welcomed the commissioners to amend and add to the list. The final report will presumably contain one of these recommendations. The Commission then adopted a schedule for the final report: Nov. 9, at 1 p.m., a Minority Caucus of the Commission will meet (Hochberg and Sheldon) Nov. 13, at 3 p.m., a Majority Caucus will meet Nov. 14, the Minority Caucus may meet Nov. 16, commissioners will submit written comments for a final draft to the Legislative Reference Bureau staff Nov. 17, a preliminary final draft will be circulated among commissioners Nov. 22, the commissioners will review the preliminary final draft before circulating it to the public libraries of Hawaii for public comment Dec. 6, the commission will hear public comment on the final draft, and vote on the final draft Aloha! Tom Ramsey P.S. The Hawaii Equal Rights Marriage Project, HERMP, is the sole support of the work of Dan Foley on Baehr v. Lewin (Foley is the attorney who makes all court appearances on behalf of the plaintiff couples). Please be generous in support of HERMP; Hawaii is a small state, and the tiny gay and lesbian community here is very active in advocacy work which HERMP cannot address. Donations to HERMP are fully tax-deductible, and should be made out to GLCC/HERMP, 1820 University Avenue, Honolulu, HI 96822. The HERMP branch in Kona, on the Big Island, has produced a T-shirt for sale. One can send a check for $16.50 to HERMP, P.O.Box 902, Captain Cook, HI 96704, together with a note about being sent a T-shirt (S, M, L, XL, XXL). It is also available in a tank top. The design is multi-color on white. A large triangle points down, with the letters h.e.r.m.p above the triangle, some male-male, female-female symbols in the border of the triangle and some palm trees. Thank you!