Date: Sat, 27 Apr 96 22:47:19 HST
From: ramsey@math.hawaii.edu (Tom Ramsey)
Subject: HAWAII APR 27


	         HOLT FORCES CONSTITUTIONAL AMENDMENT
                  TO THE SENATE FLOOR FOR A VOTE AND
                     THEN LOSES THE VOTE 15-10

	After 10pm on Friday evening, Senator Holt moved from the floor
that HB2366 be pulled from the Senate Committee on the Judiciary.  HB2366
is the House-passed constitutional amendment that defines marriage as
being heterosexual (it passed the House 37 to 14).  Holt needed only 9 of
25 senators to support him, and he had exactly 9 votes.

	The Senate then voted 15 to 10 AGAINST HB2366.  The gallery was
packed as supporters and opponents watched until the final vote was taken
near midnight, the deadline for action (if the legislative session is
to end on time on Monday, April 29).  Many legislators and staffers from
the House stood by, awaiting the final outcome.

	Several senators came to oppose the constitutional amendment 
because they learned first-hand, as members of a House-Senate conference
committee, that the Senate was willing to compromise by linking domestic
partnerships to an amendment that would define marriage as heterosexual
but that the House would not compromise.  The House refused to address the
continuing discrimination against gays and lesbians caused by denying them
access to marriage licenses, and refused to deal with the Senate-passed
domestic partnership bill.  Senator Graulty, Chair of the Senate Committee
on the Judiciary, worked most of the week on various compromise drafts, to
no avail.
	
	The continuing discrimination was obvious to one of Senator
Holt's supporters, Republican Senator Whitney Anderson.  Anderson voted to
pull HB2366 out of committee and after that voted for HB2366.  Nevertheless,
he spoke during debate about the injustice same gender couples endure when
their wills can be challenged by blood relatives (inheritance by married
spouses, on the other hand, is protected by law). 

	From the Honolulu Star-Bulletin of April 27:

Senator Russell Iwase argued in favor of the amendment, referring to a 1993
Hawai`i Supreme Court ruling that said denial of marriage licenses to same-
gender couples may be unconstitutional unless the state can show a compelling
interest.

"The constitution is the people's document, and I think there is a great rage
out there that the document was misinterpreted," he said.  "There is a feeling
among the people that there would be fundamental changes to the society of ours
which they did not intend."

But Senate Judiciaty Committee Rey Graulty said the proposal was inconsistant
with the equal protection clause and other constitutional provisions, and did
not address discrimination.  "The issue is one of fairness," he said.  "Gay
and Lesbian people are important members of our community, and we reaffirm,
as they ask, that they be treated fairly."

The vote came after a House-Senate conference committee failed to agree on a
constitutional amendment proposed by the Senate which would have preserved
marriage for heterosexuals but ensured that government benefits "will be
allocated to all on an equal basis."

	The Star-Bulletin is available on the WEB.


					For equality,


					Tom Ramsey
					Co-Coordinator, HERMP


Web sites for HERMP information:
http://www.xq.com/hermp/
http://www.qrd.org/qrd/orgs/hermp/
http://www.tnight.com/hermp/
http://www.qrd.org/qrd/usa/hawaii/marriage.update/
The latter is provided by a BBS, which also provides BBS access
to HERMP messages: Tropical Night BBS (808) 235-5558
telnet:bbs.tnight.com
 
For the official report of the Commission on Sexual Orientation and
the Law:
http://www.hawaii.gov/lrb/solcvr.html
 
For legal documents related to Baehr v. Lewin (now Baehr v. Miike):
http://www.qrd.org/qrd/www/legal/
which has a link to marriage and Baehr v. Lewin
 
For national as well as Hawaii information:
http://nether.net/~rod/html/sub/marriage.html
http://www.well.com/user/davadam/hermp.html
http://www.eskimo.com/~demian/partners.html
 
 
      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
                     1521 Alexander Street, #503
                     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 $17.50 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.  To place an email order for T-shirts, or
to obtain more information, please email skippero@aol.com.  An image of
the T-shirt is available via the WEB on
       http://www.qrd.org/QRD/www/usa/maine/hawaii-tee.html