A Hawaii lawmaker is trying to shut down the special legislative session currently underway in the Aloha state, saying voters misunderstood a ballot measure in 1998 that read:
"A 'Yes' vote would add a new provision to the constitution that would
give the legislature the power to reserve marriage to opposite sex
couples only."
State
Rep. Bob McDermott claims that most voters thought they were voting for
marriage between a man and a woman, and the legislature does not have
the right to decide.
At least one constitutional expert disagrees:
Andrea Freeman is an assistant professor
at the University of Hawaii's William S. Richardson School of Law and
teaches a course on constitutional law. She said the amendment is clear.
"The amendment clarified that the legislature could choose to reserve
marriage only for opposite sex couples," she said. "But it definitely
does not state that it is on the only thing it can do."
McDermott contends that according to settled law, the people's
perception of the meaning of a constitutional vote carries precedence.
"What did the people understand they were voting on? Between a man and a
woman only, because that's what they were told by the Office of
Elections," said McDermott.
McDermott says he'll take his case to the state Supreme Court if the circuit court rules against him.
No comments:
Post a Comment