Date: Wed, 31 Jul 96 09:32:41 HST From: ramsey@math.hawaii.edu (Tom Ramsey) Subject: HAWAII JULY 31 DAN FOLEY FILES BRIEF WITH HAWAII'S SUPREME COURT, OPPOSING THE REQUEST OF EIGHT LEGISLATORS TO TO BE CO-DEFENDANTS WITH THE STATE As if preparing for the September "compelling state interest" arguments in Circuit Court were not enough, the request by 8 Hawaii legislators to be co-defendants with the state has reached the Hawaii Supreme Court (their request was denied by the Circuit Court, and that denial has been appealed). Dan Foley filed his brief for Hawaii's Supreme Court last week. Does this seem like "deja vu all over again"? It is! Last year, it was the same team of lawyers opposing us with the same requests to be co-defendants on behalf of some Mormon leaders. These groundless requests and frivolous suits wasted plenty of h.e.r.m.p's limited resources but produced one important Hawaii Supreme Court ruling: definitively, unambiguously, churches will not and cannot be forced to perform same- gender marriages. There was never much doubt about the rights of churches to dis- criminate---after all the Catholic Church does not recognize most second marriages, even though the divorce and re-marriage are valid under civil law. Yet, the Mormons broadcase endless propaganda and recruited allies by asserting that ministers would have to perform same-gender marriages or lose their state licenses to marry people. Having gotten nowhere in 1995 with making Mormons co-defendants, the same legal team now is making the same request on behalf of 8 legislators. In the beginning of 1996, they had a new team member: Pat Robertson's legal beagle, Jay Sekulow. Somehow, Sekulow has taken his name off the latest appeal. We wish we could say that it was a change of heart; more likely, it was the serious risk that the request be judged frivolous and some damages awarded to h.e.r.m.p Sekulow's local allies made several technical mistakes in Sekulow's application to appear before Hawaii courts, which may have frightened him as well. Best Regards, Tom Ramsey Co-coordinator, h.e.r.m.p P. S. Here are some of the players and organizations in Hawaii whose primary focus is on same gender marriage and which work closely with h.e.r.m.p: h.e.r.m.p: the ONLY organization paying the legal fees of Dan Foley, the attorney who is in charge of the case with Evan Wolfson and Kirk Cashmere as co-counsels. h.e.r.m.p was created when the three plaintiff couples came to the Gay and Lesbian Community Center in 1993 for help in raising funds to pay the legal expenses (they had to distance themselves from an earlier organizational structure). Donations to h.e.r.m.p are fully tax-deductible and can be made to GLCC-HERMP, 1521 Alexander St., #503, Honolulu, HI 96822. h.e.r.m.p currently owes Dan Foley about $20,000, with the bills mounting rapidly over the next three months. Friends of h.e.r.m.p: an organization parallel to h.e.r.m.p to handle the NON-tax-deductible public education and media work. The address is PO BOX 11690, Honolulu, HI 96828. They have recently launched a 900-number, for donations of between $5 and $25: 1-900-97-MARRY. Alliance for Equal Rights: this political action group predates h.e.r.m.p considerably. It played a strong role in getting Hawaii's law that bans discrimination in employment (with Leon Rouse as the lobbyist for that). It's top priority is the support of legislative candidates who support same gender marrige, but it can't give money directly to the candidate's election campaigns. The address is 2139 Chamberlain Street, Honolulu, HI 96822. The Equality Fund: an organization parallel to the Alliance, which is a registered PAC giving money directly to legislative candidates. The address is PO BOX 11690, Honolulu, HI 96828. The following national organizations endorse h.e.r.m.p and Friends of h.e.r.m.p (with its 900-number): ASTREA NATIONAL LESBIAN ACTION FOUNDATION GAY AND LESBIAN MEDICAL ASSOCIATION GAY/LESBIAN/STRAIGHT TEACHERS NETWORK HUMAN RIGHTS CAMPAIGN LAMBDA LEGAL DEFENSE AND EDUCATION FUND NATIONAL BLACK GAY AND LESBIAN LEADERSHIP FORUM NATIONAL GAY AND LESBIAN TASK FORCE PARENTS AND FRIENDS OF LESBIANS AND GAYS DEAF QUEER RESOURCE CENTER NEW YORK FREEDOM TO MARRY Indexing terms: same gender marriage, same-gender marriage, gay marriage, same sex marriage, same-sex marriage, queer marriage, civil marriage rights, right to civil marriage, gay rights, civil rights for gays and lesbians, gay, lesbian, bisexual, transgendered, queer