Same-sex marriage in Hawaii

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Lesbian, gay, bisexual, and
transgender rights in Hawaii
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Baehr v. Lewin(1993)
Baehr v. Miike (1996, 1999)
Constitutional Amendment 2 (1998)
House Bill 444 (2009)
Senate Bill 232 (2011)
Hawaii Marriage Equality Act (2013)
Equality Hawaii
LGBT rights in the United States
Same-sex marriage in Hawaii
Reciprocal beneficiary relationships in Hawaii
LGBT history in Hawaii
Nuvola LGBT flag.svg LGBTQportal
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Same-sex marriage has been legal in Hawaii since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2, making Hawaii the fifteenth U.S. state to legalize same-sex marriage. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights. When Hawaii's civil union law took effect at the start of 2012, same-sex marriages established in other jurisdictions were considered civil unions in Hawaii.

Contents

Hawaii's denial of marriage licenses to same-sex couples was first challenged in state court in 1991, and the plaintiffs initially met with some success. In 1993, a ruling by the Hawaiian Supreme Court made Hawaii the first state in the United States to consider legal challenges to bans on same-sex marriage. [1] However, Hawaii voters later modified the State Constitution in 1998 to allow the State Legislature to restrict marriage to opposite-sex couples. By the time the Supreme Court of Hawaii considered the final appeal in the case in 1999, it upheld the state's ban on same-sex marriage. Hawaii's provision granting the Legislature the power to reserve marriage to opposite-sex couples was ultimately repealed by voters through a ballot measure in 2024. [2]

Baehr case

Baehr v. Miike (originally Baehr v. Lewin) was a case decided by the Supreme Court of Hawaii, which initially found that the state's refusal to grant same-sex couples marriage licenses was discriminatory. In 1991, three same-sex couples sued Hawaii Director of Health John C. Lewin in his official capacity, seeking to force the state to issue them marriage licenses. The couples were Genora Dancel and Ninia Baehr, Joseph Melillo and Pat Lagon, and Tammy Rodrigues and Antoinette Pregil. After the case was dismissed by the trial court, the couples appealed to the Supreme Court. In the plurality opinion delivered by Associate Justice Steven Levinson and concurred in by Chief Justice Ronald Moon in 1993, the court ruled that while the right to privacy in the Hawaii Constitution does not include a fundamental right to same-sex marriage, denying marriage to same-sex couples constituted discrimination based on sex in violation of the right to equal protection guaranteed by the State Constitution. The court remanded the case to the trial court, instructing that "in accordance with the 'strict scrutiny' standard, the burden will rest on Lewin to overcome the presumption that HRS § 572-1 [the state's marriage statute] is unconstitutional by demonstrating that it furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgments of constitutional rights." [3]

In 1996, Judge Kevin S.C. Chang ruled that the state did not meet its evidentiary burden. It did not prove that the state had a compelling interest in denying marriage licenses to same-sex couples and even assuming that it had it had not proven that HRS § 572-1 was narrowly tailored to avoid unnecessary abridgement of constitutional rights. He enjoined the state from refusing to issue marriage licenses to otherwise-qualified same-sex couples. [4] The following day, Chang stayed his ruling, acknowledging the "legally untenable" position couples would be in should the Hawaii Supreme Court reverse him on appeal. [5]

On December 9, 1999, the Hawaii Supreme Court, following the passage of a constitutional amendment empowering the Hawaii State Legislature to limit marriage to opposite-sex couples, ruled that "The passage of the marriage amendment placed HRS § 572-1 on new footing. The marriage amendment validated HRS § 572-1 by taking the statute out of the ambit of the equal protection clause of the Hawaii Constitution, at least insofar as the statute, both on its face and as applied, purported to limit access to the marital status to opposite-sex couples. Accordingly, whether or not in the past it was violative of the equal protection clause in the foregoing respect, HRS § 572-1 no longer is. In light of the marriage amendment, HRS § 572-1 must be given full force and effect." Because the remedy sought by the plaintiffs – access to marriage licenses – was no longer available, this reversed Chang's ruling and remanded the case for entry of judgment in favor of the defendant. [3] As no federal constitutional issues were raised, the case could not be brought to the U.S. Supreme Court.

Constitutional amendments

Results of Amendment 1 (2024) by county Yes .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} 50-60% No 50-60% 2024 Hawaii Amendment 1 election results map by county.svg
Results of Amendment 1 (2024) by county

Following the 1993 decision by the Hawaii Supreme Court that found the state's refusal to grant same-sex couples marriage licenses discriminatory, voters in 1998 approved a constitutional amendment granting the Hawaii State Legislature the power to reserve marriage to opposite-sex couples, which made it impossible to challenge the state's ban on same-sex marriage. [6] The state had enacted a statute defining marriage as an institution for "one man and one woman" in 1994, following the first state court decision that questioned the state's denial of marriage licenses to same-sex couples. [7] In 1996, the United States Congress also enacted the federal Defense of Marriage Act (DOMA; Hawaiian : Kānāwai Kūpale Male o ka makahiki 1996), which banned federal recognition of same-sex marriages. [8]

In 2023, a coalition of local organizations was formed to repeal Constitutional Amendment 2. [9] Senator Chris Lee and Representative Adrian Tam announced their support for the campaign and pledged to push for the passage of legislation repealing the amendment. A constitutional amendment was introduced to the State Legislature on January 24, 2024 by Representative Scott Saiki. It passed the House on March 5 by 43 votes to 6, and the Senate on April 9 by 24 votes to 1. [10] [11] [12] [13] Senator Mike Gabbard, well-known for his opposition to same-sex marriage in the 1990s, gave a public apology in the Senate Judiciary Committee and voted to repeal the amendment in the final vote on the Senate floor. [14] As Amendment 1, it was approved on November 5, 2024 with 56% of the vote. [a] Constitutional amendments require a majority of all votes cast; taking the blank votes and overvotes into account, the measure passed by 51–40 percent. [2] [15] It was approved in all counties except Kalawao, and on all islands except Niihau and Molokai. [16]

March 5, 2024 vote in the Hawaii House of Representatives [17]
Political affiliationVoted forVoted againstAbsent (Did not vote)
  Democratic Party
  Republican Party –
Total 4362
April 9, 2024 vote in the Hawaii Senate [17]
Political affiliationVoted forVoted againstAbsent (Did not vote)
  Democratic Party ––
  Republican Party –
Total 2410

Civil unions

Rally in support of civil unions at the Hawaii State Capitol, 2009 Honolulu civil union rally.jpg
Rally in support of civil unions at the Hawaii State Capitol, 2009

Civil unions (Hawaiian : uniona kīwila, [18] pronounced [uniˈjonətiːˈvilə] ) were introduced in Hawaii on January 1, 2012, following the passage of legislation in early 2011. These unions provide all of the rights, benefits and responsibilities of marriage at the state level. In 1997, the state established reciprocal beneficiary relationships, open to all couples as well as blood relatives, offering numerous spousal rights including the ability to sue for wrongful death, decisions about health care, proptery rights and co-tenancy, inheritance without a will, and insurance and state pensions. [19]

Bills creating civil unions were considered several times, but failed to receive approval in legislative committees before 2009. [6] In 2010, Hawaii House Bill 444 (HB 444), which would have created civil unions for same-sex and opposite-sex couples, passed the Hawaii House of Representatives and the Senate. [20] Governor Linda Lingle vetoed it in July 2010. [21] Following Lingle's veto, the American Civil Liberties Union and Lambda Legal filed Young v. Lingle on behalf of six same-sex couples. The suit, while acknowledging that the state had the constitutional authority to limit marriage to opposite-sex couples, asserted that the State Constitution still mandated that same-sex couples be accorded equal treatment. [22] The suit was withdrawn on March 31, 2011. [23] [24]

A bill substantively similar to HB 444, Senate Bill 232, was passed on January 26, 2011 by the Senate Judiciary and Labor Committee in a 3–2 vote, [25] and was passed by the Senate 19–6 on January 28. [26] A modification to the bill was then made in the House of Representatives before passage on February 11 by a vote of 31–19. [27] [28] The Senate passed the revised bill on February 16, and Governor Neil Abercrombie signed it into law on February 23. Civil unions began on January 1, 2012. [29] 417 couples obtained a civil union license in the first six months after the law went into effect. [30] Low participation may have been the result of technical issues that surrounded the conversion of a reciprocal beneficiary relationship to a civil union. A bill correcting the transitional issues was signed into law on July 6, 2012. [31] [32] At the end of 2012, over 700 couples had established civil unions. [33] Since Hawaii enacted same-sex marriage in November 2013, civil unions remain an option for both opposite-sex and same-sex couples to access, making Hawaii one of only four states (Colorado, Illinois and New Jersey being the other three; several other states also recognize domestic partnerships providing many of the benefits of marriage) to allow for this practice. [34]

Jackson case

Jackson v. Abercrombie
Court United States District Court for the District of Hawaii
DecidedAugust 8, 2012
Citation884 F. Supp. 2d 1065
Case history
Subsequent actionsAppealed sub. nom. Jackson v. Fuddy, No. 12-16995, 12-16998 (9th Cir.)
Holding
Defendants' motion for summary judgment granted, plaintiff same-sex couples' motion for summary judgement denied; Hawaii's same-sex marriage ban upheld.
Court membership
Judge sitting Alan C. Kay U.S.D.J.

On December 7, 2011, a same-sex couple filed suit in U.S. district court to obtain a marriage license in Hawaii. The state's denial was based on its marriage laws: Article 1 § 23 of the Hawaii Constitution, which left any decision on same-sex marriage to the Hawaii State Legislature, along with (since repealed) HRS § 572-1, which defined marriage only "between a man and a woman". The initial suit was styled Jackson v. Abercrombie, after first-named plaintiff Natasha Jackson and first-named defendant Governor Neil Abercrombie. On January 27, 2012, an amended complaint added plaintiff Gary Bradley, a partner in a same-sex civil union, who wanted to marry but thought it futile to apply. The plaintiffs argued that the marriage laws violated the Due Process and Equal Protection clauses of the U.S. Constitution. Governor Abercrombie agreed with the plaintiffs that the ban violated both clauses of the U.S. Constitution, but the state's Director of Health, Loretta Fuddy, was allowed to defend the ban. [35]

In an order issued on August 8, 2012, U.S. District Court Judge Alan Kay rejected the plaintiffs' claims and granted the defendants' motion for summary judgment, upholding Hawaii's ban on same-sex marriage. Judge Kay's ruling became the first court decision to cite the "New Family Structure" research of Mark Regnerus, research discredited by the American Sociological Association as well as thoroughly rejected by the U.S. District Court for the Northern District of California during the Hollingsworth v. Perry trial. [36] [37] [38]

The plaintiffs in Jackson appealed Judge Kay's ruling to the Ninth Circuit Court of Appeals, now restyled as Jackson v. Fuddy. [39] The appeal was initially scheduled to be heard on a parallel track with a similar Nevada case before the same court, Sevcik v. Sandoval , until both cases were placed on hold, pending Supreme Court decisions in two other same-sex marriage cases, Hollingsworth v. Perry and United States v. Windsor . Those cases were resolved on June 26, 2013, and on November 13, Hawaii enacted the Hawaii Marriage Equality Act, ending its ban on same-sex marriage. Despite that legislation, the plaintiffs did not withdraw their suit as moot, but pressed their appeal seeking to have the lower court's order overturned. The Ninth Circuit heard oral arguments on September 8, 2014, along with Sevcik and another related case, Latta v. Otter , before Judges Stephen Reinhardt, Ronald M. Gould, and Marsha Berzon. [40] The Ninth Circuit announced on October 10, 2014 that it had dismissed the case as moot because of Hawaii's legalization of same-sex marriage and voided the district court's decision. [41]

Same-sex marriage legislation

Sign in support of same-sex marriage with a quote attributed to Kinky Friedman in Kahului, 2010 HB444 Maui Reaction 7.6.10 3.jpg
Sign in support of same-sex marriage with a quote attributed to Kinky Friedman in Kahului, 2010

Passage and promulgation

In January 2013, a bill to legalize same-sex marriage in Hawaii was brought to the State Legislature, but the bill died without legislative action. By September, after the U.S. Supreme Court decisions in United States v. Windsor and Hollingsworth v. Perry, as well as months of negotiations within the Senate and House Democratic caucuses and with leaders of both chambers of the State Legislature, Governor Neil Abercrombie called forth a special session for October 28, with the promise of signing the bill, and the chamber leaderships were confident in having the necessary majority for passage. [42]

The Senate passed the marriage bill on October 30 by a vote of 20–4, [43] and the House followed by a 30–19 vote on November 8, [44] [45] though not before an extensive 'citizens filibuster' attempt to block the bill's progress. [46] The bill returned to the Senate for approval of House amendments which expanded religious exemptions, and the Senate provided final legislative approval on November 12, voting 19–4 for passage. [47] Governor Abercrombie signed the bill on November 13, [48] and same-sex couples began marrying on December 2, 2013. [49] The first same-sex couple to marry in Hawaii was Jonipher Kwong and Chris Nelson seconds after midnight on December 2 at the First Unitarian Church in Honolulu. [50] In the first two weeks after the law went into effect, 526 same-sex couples had applied for marriage licenses. [51]

The law makes provisions to recognize same-sex marriages performed in other states and countries: [52]

Marriages between two individuals regardless of gender and legal where contracted shall be held legal in the courts of this State. [HRS § 572-3]

Court challenges

Hawaii Circuit Court Judge Karl Sakamoto heard a legal challenge to the marriage bill filed by Representative Bob McDermott, who contended that the 1998 constitutional amendment prohibited the State Legislature from allowing same-sex marriage. The lawsuit sought to prevent any government official from issuing a marriage license until the question of constitutionality was decided. [53] [54] On November 14, Judge Sakamoto ruled that the constitutional amendment in question did not force the State Legislature to define marriage as between "one man and one woman", [54] and that it only gave the Legislature the power to reserve marriage to opposite-sex couples if it chose to do so, and that "after all the legal complexity of the court's analysis, the court will conclude that same-sex marriage in Hawaii is legal." [55] The court granted the state's motion to dismiss the lawsuit, McDermott v. Abercrombie, on January 29, 2014. [56] An appeal of the dismissal of the McDermott case was heard in the Hawaii Supreme Court, with oral arguments occurring on December 18, 2014. [57] [58] [59] On May 27, 2015, following the retitling of the case to McDermott v. Ige, with the election of David Ige as governor, the court ruled that the appellants did not have standing to challenge the constitutionality of the Hawaii Marriage Equality Act. [60] [61]

Another challenge, Amsterdam v. Abercrombie, was filed by a Hawaii resident on November 25, 2013. On February 19, 2014, Hawaii District Court Judge Susan Oki Mollway found that the plaintiff lacked standing and dismissed the challenge. In August 2016, the Ninth Circuit Court of Appeals upheld the case's dismissal. [62]

Economic impact

A June 2010 study conducted by the University of California, Los Angeles indicated that same-sex couples would spend between $4.2 and $9.5 million on their wedding celebrations if allowed to marry in Hawaii. Out-of-state guests would spend an additional $17.8 to $40.3 million, which would in turn create 193 to 333 new jobs in Hawaii primarily in the events and travel industries. The figures in the study were estimated based on a four-year period. [63]

A July 2013 study conducted by the University of Hawaii estimated an additional $217 million in visitor spending over the following three years if Hawaii legalized same-sex marriage. [64] Analysis published in 2015 by NerdWallet estimated the annual economic impact of same-sex marriage in Hawaii at approximately $26.6 million. [65]

Marriage statistics

By June 30, 2015, 4,028 same-sex couples had married in Hawaii since legalization on December 2, 2013, making up 10.5% of the state's 38,254 marriages contracted in that time. [65] According to the Hawaii Department of Health, the number of same-sex marriages performed in the state is as follows: [66]

County2013 (December only)20142015201620172018Total
Hawaii 853282121581241201,027
Honolulu 2931,2187876665985224,084
Kauai 533671761821231501,051
Maui 11027974863693022902,346
Total5332,7101,6611,3751,1471,0828,508

Notes: 1 Includes Kalawao County

The 2020 U.S. census showed that there were 3,726 married same-sex couple households (1,884 male couples and 1,842 female couples) and 2,312 unmarried same-sex couple households in Hawaii. [67]

Notable weddings

In December 2013, Genora Dancel, one of the plaintiffs in Baehr, married her partner Kathryn Dennis in a ceremony in Honolulu. [68]

In October 2017, Abigail Kinoiki Kekaulike Kawānanakoa, a granddaughter of David Kawānanakoa, the founder of the House of Kawānanakoa and through his mother, Victoria Kinoiki Kekaulike, the nephew of Queen Kapiʻolani, married her partner Veronica Gail Worth in Honolulu. The couple were married in a ceremony performed at the home of Justice Steven Levinson. This was the first same-sex marriage for a member of the Hawaiian royal family. [69]

Public opinion

Public opinion for same-sex marriage in Hawaii
Poll sourceDates administeredSample sizeMargin of errorSupportOppositionDo not know / refused
Public Religion Research Institute March 9 – December 7, 2023 157 adults ?70%29%1%
Public Religion Research Institute March 11 – December 14, 2022  ? ?69%30%1%
Public Religion Research Institute March 8 – November 9, 2021  ? ?69%29%2%
Public Religion Research Institute January 7 – December 20, 2020 176 adults ?66%26%8%
Public Religion Research Institute April 5 – December 23, 2017 298 adults ?68%20%12%
Public Religion Research Institute May 18, 2016 – January 10, 2017 438 adults ?68%25%7%
Public Religion Research Institute April 29, 2015 – January 7, 2016 239 adults ?61%29%10%
New York Times/CBS News/YouGov September 20 – October 1, 20141,319 likely voters± 3.6%59%26%15%
Public Religion Research Institute April 2, 2014 – January 4, 2015 195 adults ?64%31%5%
Civil Beat October 9–10, 2013819 registered voters± 3.4%44%44%12%
QMark Research July 26–30, 2013442 adults ?54%31%15%
Anzalone Liszt Grove Research January 14–18, 2013500 residents ?55%37%8%
Civil Beat 20121,162 registered voters± 2.9%37%51%12%
 ? likely voters40%49%11%
 ? non-voters27%57%16%
Public Policy Polling October 13–16, 2011568 voters± 4.1%49%40%11%

See also

Notes

  1. ↑ Voters were asked: "Shall the state constitution be amended to repeal the legislature's authority to reserve marriage to opposite-sex couples?"

Related Research Articles

Baker v. Vermont, 744 A.2d 864, was a lawsuit decided by Vermont Supreme Court on December 20, 1999. It was one of the first judicial affirmations of the right of same-sex couples to treatment equivalent to that afforded different-sex couples. The decision held that the state's prohibition on same-sex marriage denied rights granted by the Vermont Constitution. The court ordered the Vermont legislature to either allow same-sex marriages or implement an alternative legal mechanism according similar rights to same-sex couples.

<i>Goodridge v. Department of Public Health</i> 2003 US state court case which legalized gay marriage in Massachusetts

Goodridge v. Dept. of Public Health, 798 N.E.2d 941, is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage. The November 18, 2003, decision was the first by a U.S. state's highest court to find that same-sex couples had the right to marry. Despite numerous attempts to delay the ruling, and to reverse it, the first marriage licenses were issued to same-sex couples on May 17, 2004, and the ruling has been in full effect since that date.

<span class="mw-page-title-main">U.S. state constitutional amendments banning same-sex unions</span>

Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

Same-sex marriage has been legally recognized in Connecticut since November 12, 2008 as a result of the Connecticut Supreme Court ruling 4–3 in Kerrigan v. Commissioner of Public Health that the state's statutory prohibition on same-sex marriage violated the Constitution of Connecticut and that the state's civil unions failed to provide same-sex couples with rights and privileges equivalent to those of marriage.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

<span class="mw-page-title-main">1998 Alaska Measure 2</span> Referendum banning same-sex marriage

Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.

<span class="mw-page-title-main">1998 Hawaii Amendment 2</span> Referendum on same-sex marriage

Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted same-sex partnerships.

Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.

Same-sex marriage has been fully recognized in the U.S. state of Minnesota since August 1, 2013. Same-sex marriages have been recognized if performed in other jurisdictions since July 1, 2013, and the state began issuing marriage licenses to same-sex couples on August 1. After 51.9% of state voters rejected a constitutional amendment to ban same-sex marriage in November 2012, the Minnesota Legislature passed a same-sex marriage bill in May 2013, which Governor Mark Dayton signed on May 14, 2013. Minnesota was the second state in the Midwest, after Iowa, to legalize marriage between same-sex couples, and the first in the region to do so by enacting legislation rather than by court order. Minnesota was the first state to reject a constitutional amendment banning same-sex marriage, though Arizona rejected one in 2006 that banned all legal recognition and later approved one banning only marriage.

<span class="mw-page-title-main">Hawaii House Bill 444</span> A 2010 bill to legalize civil unions in the US state

House Bill 444 was a 2009 bill of the Hawaii State Legislature, passed in April 2010 and vetoed by Governor of Hawaii Linda Lingle, that would have legalized civil unions for couples in the state of Hawaii. Its legislative process was accompanied by controversy over the bill's content and effects and rallies were held by supporters and opponents.

The U.S. state of Colorado has provided limited recognition of same-sex unions in the form of designated beneficiary agreements since July 1, 2009, and as civil unions since May 1, 2013. Same-sex marriage was legalized on October 7, 2014.

Same-sex marriage has been legally recognized in Indiana since October 6, 2014. The state had previously restricted marriage to different-sex couples by statute in 1986. Legislation passed in 1997 denied recognition to same-sex relationships established in other jurisdictions. A lawsuit challenging the state's refusal to grant marriage licenses to same-sex couples, Baskin v. Bogan, won a favorable ruling from the U.S. District Court for the Southern District of Indiana on June 25, 2014. Until the Seventh Circuit Court of Appeals granted an emergency stay of the district court's ruling on June 27, most Indiana counties issued marriage licenses to same-sex couples. The Seventh Circuit affirmed the district court's ruling in Baskin on September 4. A ruling in Bowling v. Pence stated that the state must recognize same-sex marriages performed out-of-state and the decision was stayed until the Seventh Circuit ruled on the merits in similar cases. It also stated that the ruling would remain stayed if the circuit court stayed its decision in the related cases.

<i>Baehr v. Miike</i> Lawsuit against Hawaiis prohibition of same-sex marriage

Baehr v. Miike was a lawsuit in which three same-sex couples argued that Hawaii's prohibition of same-sex marriage violated the state constitution. Initiated in 1990, as the case moved through the state courts, the passage of an amendment to the state constitution in 1998 led to the dismissal of the case in 1999. The Full Faith and Credit Clause of the Constitution would have provided that all states would be potentially required to recognize marriages obtained in Hawaii, prompting the passage of the federal Defense of Marriage Act (DOMA) in 1996 under Bill Clinton. Dozens of statutes and constitutional amendments banning same-sex unions at the state level also followed Baehr.

<span class="mw-page-title-main">LGBTQ rights in Hawaii</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Hawaii enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.

<span class="mw-page-title-main">LGBTQ history in Hawaii</span>

In Hawaii, the LGBT laws have been evolving for the past hundred years. In the pre-19th century, the influence of Polynesian culture led to a more open-minded state. After the first Christian missionaries began arriving in Hawaii, strict sodomy laws were enacted. Territory v. Bell (1958) was the last sodomy case argued in Hawaii. After the turn of the 20th century, LGBT issues began being taken to and decided by the Supreme Court. In 2013, Hawaii voted in favor of gay marriage, and marriage licenses began to be issued to LGBT couples.

<i>Sevcik v. Sandoval</i> 2014 US legal decision

Sevcik v. Sandoval is the lead case that successfully challenged Nevada's denial of same-sex marriage as mandated by the state's constitution and statutory law. The plaintiffs' complaint was initially filed in the U.S. District Court for the District of Nevada on April 10, 2012, on behalf of several couples denied marriage licenses. These couples challenged the denial on the basis of the U.S. Constitution's Fourteenth Amendment guarantee of equal protection.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

<span class="mw-page-title-main">Hawaii Marriage Equality Act</span> 2013 Hawaiʻi state law allowing same-sex marriages

The Hawaii Marriage Equality Act of 2013 is legislation passed by the Hawaii State Legislature as Senate Bill 1 (SB1) and signed by Governor Neil Abercrombie which legalized same-sex marriage in the U.S. state of Hawaii. Prior to the bill's enactment, same-sex couples in the state of Hawaii were allowed to form civil unions or reciprocal beneficiary relationships ; however, civil unions are both legally limited to civil officials in their performance and unrecognized by the federal government, and RBRs are even more limited by the rights and privileges accorded.

Same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, was handed down on June 26, 2015, and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.

References

  1. ↑ Schmalz, Jeffrey (May 7, 1993). "In Hawaii, Step Toward Legalized Gay Marriage". The New York Times.
  2. 1 2 Staff, H. N. N. (November 6, 2024). "Majority vote in favor of same-sex marriage amendment". Hawaii News Now. Retrieved November 8, 2024.
  3. 1 2 Baehr v. Lewin, 74 Haw. 530, 852 P.2d 44 (1993), reconsideration and clarification granted in part, 74 Haw. 645, 852 P.2d 74 (1993).
  4. ↑ Baehr v. Miike, Circuit Court for the First Circuit, Hawaii No. 91-1394
  5. ↑ Oshiro, Sandra (December 6, 1996). "Hawaiian judge puts same-sex marriage ruling on hold". The Nation. Reuter. p. A12. Retrieved August 18, 2010.
  6. 1 2 Niesse, Mark (February 22, 2009). "Hawaii is latest civil unions battleground". Associated Press. Archived from the original on March 7, 2009. Retrieved March 1, 2009.
  7. ↑ Gross, Jane (April 25, 1994). "After a Ruling, Hawaii Weighs Gay Marriages". New York Times. Retrieved August 27, 2013.
  8. ↑ "He male kuʻuna kā?". trussel2.com (in Hawaiian). June 29, 2013.
  9. ↑ Blair, Chad (November 14, 2023). "Hawaii Voters Could Be Asked To Amend Constitution On Marriage Equality". Honolulu Civil Beat.
  10. ↑ "HB2802 HD1". Hawaii State Legislature. Retrieved June 9, 2024.
  11. ↑ "LGBT-plus advocates push for voters to solidify Hawaii's same-sex marriage rights". Hawaii News Now. April 21, 2024.
  12. ↑ "Hawai'i could amend constitution to include same-sex marriage". Los Angeles Blade. April 6, 2024.
  13. ↑ Blair, Chad (September 10, 2024). "Hawaii Voters Asked To Ensure Protection Of Same-Sex Marriage". Civil Beat.
  14. ↑ "After change of heart, lawmaker who led charge against same-sex marriage apologizes". Hawaii News Now. March 21, 2024.
  15. ↑ "Hawaii Voters Supporting Same-Sex Marriage Ballot Measure". Honolulu Civil Beat. November 6, 2024.
  16. ↑ "General Election Statewide Precinct Detail" (PDF). Office of Elections. Retrieved November 11, 2024.
  17. 1 2 "Legislative history of HI HB2802". LegiScan. Retrieved November 29, 2024.
  18. ↑ Solis, Kekeha (March 5, 2011). "Ua 'ike 'ia paha kākou hoa kanaka?". Star Advertiser (in Hawaiian).
  19. ↑ "Partners Task Force - Legal Marriage Court Cases: A Timeline". buddybuddy.com. Retrieved August 8, 2022.
  20. ↑ "Hawaii Legislature OKs historic civil unions bill; governor now must decide". The Honolulu Advertiser. April 29, 2010. Archived from the original on May 3, 2010. Retrieved April 30, 2010.
  21. ↑ Sample, Herbert A. (July 7, 2010). "Hawaii governor vetoes same-sex civil unions bill". MSNBC. Archived from the original on June 10, 2015. Retrieved August 27, 2013.
  22. ↑ "Gay couples sue Hawaii". Advocate.com. July 29, 2010. Retrieved July 29, 2010.
  23. ↑ "Lambda Legal and ACLU Conclude Lawsuit Seeking Civil Unions". ACLU of Hawaii . March 31, 2011. Retrieved November 13, 2013.
  24. ↑ "Young v. Lingle". Lambda Legal. Retrieved November 13, 2013.
  25. ↑ "Civil unions bill advances out of Senate committee". Honolulu Star Adviser. January 24, 2011.
  26. ↑ Reyes, B.J. (January 29, 2011). "Civil unions bill moves on". Honolulu Star-Advertiser. Retrieved November 13, 2013.
  27. ↑ "Hawaii House passes same-sex civil unions bill". KHON 2. Associated Press. February 11, 2011. Archived from the original on February 12, 2011. Retrieved February 12, 2011.
  28. ↑ Reyes, B.J. (February 11, 2011). "House approves civil unions bill in 31–19 vote". Honolulu Star-Advertiser.
  29. ↑ Levs, Josh (January 2, 2012). "Two more states allow same-sex civil unions". CNN. Retrieved August 27, 2013.
  30. ↑ Akana, Paula (July 5, 2012). Civil union marriage not valid. KITV (Television production). Hearst Television. Retrieved November 13, 2013.
  31. ↑ "Governor's Message No. 1370" (PDF). Hawaii State Legislature. July 6, 2012. Retrieved November 13, 2013.
  32. ↑ "HB2569 (2012) Archived Status Page". Hawaii State Legislature. 2012. Retrieved November 13, 2013.
  33. ↑ Stewart, Colin M. (December 16, 2012). "Hawaii sees hundreds of civil unions". Hawaii Tribune-Herald. Stephens Media. Retrieved November 4, 2013.
  34. ↑ Culhane, John (November 8, 2013). "Gay Marriage Is Booming. Where Does That Leave Civil Unions?". Slate.com. Retrieved November 13, 2013.
  35. ↑ "Order Granting Motion for Summary Judgment". Google Scholar. August 8, 2012.
  36. ↑ Blair, Chad (August 8, 2012). "Hawaii Judge Upholds Same-Sex Marriage Ban". Honolulu Civil Beat. Retrieved August 9, 2012.
  37. ↑ Bartlett, Tom (July 26, 2012). "Controversial Gay-Parenting Study Is Severely Flawed, Journal's Audit Finds". Chronicle of Higher Education. Retrieved August 12, 2012.
  38. ↑ Marrigan, Tara; Haurwitz, Ralph K.M (July 27, 2012). "UT researcher's study on children of gay parents should not have been published, audit says". statesman.com. Retrieved August 13, 2012.
  39. ↑ The appeal was docketed as No. 12-16995 for plaintiff Jackson and No. 12-16998 for plaintiff Bradley.
  40. ↑ Geidner, Chris (September 8, 2014). "Appeals Court Appears Ready To Strike Down Idaho, Nevada Same-Sex Marriage Bans". BuzzFeed News. Retrieved September 18, 2014.
  41. ↑ "Memo: District court decision vacated, remanded with instruction to dismiss the case as moot". Scribd.com. Retrieved October 10, 2014.
  42. ↑ "Gov. Abercrombie Calls Special Session on Marriage Equity". Governor of Hawaii. September 9, 2013.
  43. ↑ Osher, Wendy (October 30, 2013). "Breaking: Same-Sex Marriage Bill Passes Senate in 20-4 Vote". MauiNow.com. Retrieved October 30, 2013.
  44. ↑ "House votes to pass Marriage Equality Bill". Hawaii 24/7. November 6, 2013. Retrieved November 7, 2013.
  45. ↑ "State House advances same-sex marriage bill after long session". Honolulu Star-Advertiser. November 7, 2013. Retrieved November 7, 2013.
  46. ↑ Lazo, Alejandro (November 9, 2013). "In Hawaii, 'Citizens' Filibuster' Targets Gay-Marriage Bill". Wall Street Journal. Retrieved November 13, 2013.
  47. ↑ Ohlheiser, Abby (November 12, 2013). "Hawaii Legislature Sends Same-Sex Marriage Bill to the Governor's Desk". The Atlantic Wire. Retrieved November 13, 2013.
  48. ↑ "Abercrombie signs same-sex marriage bill into law". Honolulu Star-Advertiser. November 13, 2013. Archived from the original on November 15, 2013. Retrieved November 13, 2013.
  49. ↑ "First same-sex couples marry in Hawaii". Advocate.com. December 2, 2013. Retrieved December 7, 2013.
  50. ↑ "Joyous same-sex couples wed in Hawaii as gay marriage becomes legal". Reuters. Honolulu. December 2, 2013.
  51. ↑ Kobayashi, Ken (December 24, 2013). "Lawyers ask rejection of suit against same-sex marriage law". Honolulu Star-Advertiser. Retrieved December 24, 2013.(subscription required)
  52. ↑ "2013 Hawaii Revised Statutes :: TITLE 31. FAMILY :: 572. Marriage :: 572-3 Contracted without the State". Justia Law.
  53. ↑ Muskal, Michael (November 8, 2013). "Hawaii judge says he is open to hearing case on same-sex marriage". Los Angeles Times. Retrieved November 15, 2013.
  54. 1 2 Garcia, Oskar (November 14, 2013). "Hawaii judge rejects lawmaker's bid to overturn states' new gay marriage law". LGBTQ Nation. Associated Press. Retrieved November 15, 2013.
  55. ↑ Karlamangla, Soumya (November 14, 2013). "Hawaii judge refuses to block law permitting same-sex marriage". Los Angeles Times. Retrieved November 15, 2013.
  56. ↑ DePledge, Derrick (January 30, 2014). "Challenge to marriage equality law rejected". Honolulu Star-Advertiser. Retrieved January 30, 2014.(subscription required)
  57. ↑ Zimmerman, Malia (November 12, 2014). "Hawaii Supreme Court to hear same sex marriage case". Hawaii Free Press. Retrieved November 12, 2014.
  58. ↑ Kelleher, Jennifer Sinco (December 18, 2014). "Hawaii Supreme Court hears gay marriage arguments". Honolulu Star-Advertiser. Associated Press. Retrieved December 24, 2014.
  59. ↑ DePledge, Derrick (December 19, 2014). "Justices question challenge to same-sex marriage law". Honolulu Star-Advertiser. Retrieved December 24, 2014.(subscription required)
  60. ↑ "McDermott v. Ige" (PDF). Supreme Court of Hawaii. May 27, 2015.
  61. ↑ "Hawaii Supreme Court dismisses challenge to marriage equality law". LGBTQNation. May 27, 2015.
  62. ↑ 9th Circuit Upholds Dismissal of Challenge to Marriage Equality Act Maui Now
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  64. ↑ Lincoln, Mileka (July 25, 2013). "UH: $217M in tourism if gay marriage in Hawaii". Hawaii News Now. Raycom Media. Retrieved November 7, 2013.
  65. 1 2 Simmons, Todd (December 30, 2015). "Finally, Positioning Hawaii As A Gay Wedding Destination". Honolulu Civil Beat.
  66. ↑ "Marriage Data (Total and Same Sex Since Dec. 2, 2013)". health.hawaii.gov.
  67. ↑ "PCT1405 Couple Households, By Type". United States Census Bureau. Archived from the original on June 9, 2023. Retrieved December 11, 2023.
  68. ↑ Equally Wed. "Historic Lesbian Wedding In Hawaii" . Retrieved September 24, 2024.
  69. ↑ "Kawananakoa marries longtime partner amid court battle". Honolulu Star-Advertiser. October 2, 2017. Retrieved July 18, 2018.
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