Ninth Circuit gives plaintiffs in Hawaii same-sex marriage case 21 days to ask for dismissal

The Ninth Circuit Court of Appeals is giving the same-sex couples who filed a federal challenge to Hawaii’s same-sex marriage ban three weeks to either file a request to dismiss the case or tell the appeals court why it should continue. The new order comes shortly after the December 2 effective date for Hawaii’s new law repealing the ban. The Ninth Circuit had initially halted the case, Jackson v. Abercrombie, while the state legislature was considering the new law.

The order points to prior cases which have suggested that a change in the law is usually enough to make a case moot, and that “it appears as of December 2, 2013 these consolidated appeals may be moot.”

A state challenge to the new law began even before it was signed. A Hawaii legislator contests the discussion and passage of the bill on the grounds that the state’s constitutional amendment, which reserved the power of defining marriage as opposite-sex only to the legislature, means that a same-sex marriage law can’t go into effect in the state. A Hawaii judge rejected his claim. 

Since same-sex couples have started getting married in the state, the Ninth Circuit challenge seems likely to be moot. But that case was taken up on a parallel track with Lambda Legal’s challenge to similar laws in Nevada, Sevcik v. Sandoval, and that case will remain in the Ninth Circuit for consideration.

Marriage Equality Begins in Hawaii as First Gay Couples Marry

45 minutes after midnight, six gay couples began exchanging their vows at the first possible moment on the 30th florr of the Sheraton Waikiki, Chad Blair of Civil Beat reports:

The newlyweds are Donna Gedge and Monica Montgomery (together for 35 years and counting), Paul Perry and Gary Bradley (11 years), Saralyn and Isajah Morales (four years), Shaun Campbell and Tony Singh (five years), Richard J. Rosehill and Shawna P. Okami (32 years) and Keola Akana and Ethan Wung (six years). Each couple had their own officiant.

"We have lived our lives as first-class citizens who are law-abiding, taxpaying, and contributing members of the community," said Gedge and Montgomery in a prepared statement. "Yet we are legally recognized as second-class citizens as we do not have Federal rights. Getting married means that we will have the first-class legal status as well as the rights and benefits that only marriage will afford us."

19 Hawaii Lawmakers Who Opposed Gay Marriage Receive Lump of Coal in the Mail

Hawaii News Now - KGMB and KHNL

Hawaii Bigot Lawmaker Bob McDermott Loses Court Challenge Intended to Halt Same-Sex Marriage

A Hawaii judge upheld the state's marriage equality law against a challenge by Rep. Bob McDermott, the AP reports:

Hawaii Circuit Court Judge Karl Sakamoto said the 1998 amendment didn't force the Legislature to define marriage as between a man and a woman. Sakamoto says it doesn't factor into lawmakers' ability to allow gay couples to wed.

"Same-sex marriage in Hawaii is legal," Sakamoto ruled after hearing arguments for more than an hour from the state attorney general and a Republican lawmaker who voted against the bill in the House last week.

McDermott claimed that most voters thought they were voting for marriage between a man and a woman in 1998, and the legislature did not have the right to decide.

The issuance of marriage licenses to gay couples will begin as planned on December 2 and ceremonies can begin that day as well.

Hawaii passes gay marriage bill, governor to sign today

Gay marriages will begin in Hawaii on December 2, 2013.

The Hawaii state Senate has just passed legislation legalizing the marriages of gay couples in that state, and Democratic Governor Abercrombie says he will sign the legislation today.

The legislation goes into effect on December 2, so hopefully the marriages will begin on that date.

Man, I’m getting dizzy.

Hawaii will be the 15th state to recognize the marriages of gay couples.

Illinois, which just last week passed legislation recognizing gay marriages, won’t see marriages begin in that state until next June, 2014.  That means that even though Illinois passed the legislation before Hawaii, Hawaii will come before Illinois in the ranking of states that now recognize gay unions.  So, unless some other state surprises us before next June, Illinois will be the 16th state to recognize our marriages.

The other states that have legalized gay marriage include:

California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Washington state.  The District of Columbia, which isn’t a state, is also on the list.

Outside of the US, the following countries have legalize gay marriage:

Sixteen countries now have the freedom to marry for same-sex couples nationwide (Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, France, Brazil, Uruguay, and New Zealand – plus Britain [England and Wales], which has passed a law that has not yet taken effect), while two others have regional or court-directed provisions enabling same-sex couples to share in the freedom to marry (Mexico and the United States). Many other countries provide some protections for such couples. As more and more countries and parts of the United States win the freedom to marry, we see that families are helped, and communities and countries made stronger, by protecting all loving committed couples.

I even saw a gay wedding taking place in the park by my place in DC the other weekend. The couple was getting those goofily adorable photos taken of them staring into each other’s eyes while the bridal party and guests waited in the distance. They even had bridesmaids with those horrible blue/green dresses! (I had really hoped the one thing we gays wouldn’t emulate would be the bad dresses, but alas.)

The world’s a-changing.

Hawaii Senate to Pass Marriage Equality Bill on Tuesday; Weddings to Begin December 2

Marriage equality is pretty much assured in Hawaii next week, the Star Advertiser reports:

The state Senate on Tuesday will agree to the state House's version of a marriage equality bill and send it to Gov. Neil Abercrombie for his signature.

Sen. Clayton Hee (D, Heeia-Laie-Waialua), the chairman of the Senate Judiciary and Labor Committee, announced today that he would recommend that the Senate accept the House's changes to the bill, which expanded a religious exemption.

Abercrombie is expected to sign the marriage equality bill into law shortly after he receives it from the Senate. If Abercrombie signs the bill before Nov. 20, Hawaii would be the 15th state plus the District of Columbia to allow same-sex couples to marry. Gov. Pat Quinn of Illinois has announced that he would sign a marriage equality bill into law at a ceremony in Chicago on Nov. 20.

Same-sex couples would be allowed to marry starting on December 2.

Hawaii House Passes Marriage Equaliy Bill in 30-19 Vote

Hawaii's House passed SB1, the marriage equaliy bill, on a thrid and final reading in a 30-19 vote after hours of debate and many delays, Hawaii News Now reports:

Advocates of the bill, who flooded the mauka side of the Capitol Rotunda, erupted in cheers and tears of joy as they reached for each other hugging and kissing their fellow same-sex marriage supporters. Across the way on the makai side, opponents fell quiet after hours of chanting "Let the people vote!" -- many held hands and bowed their heads in prayer.

In a statement released by the Governor's office immediately following the bill, Governor Neil Abercrombie -- who called the Special Session -- said the following: 

"I commend the House of Representatives for taking this historic vote to move justice and equality forward. After more than 50 hours of public testimony from thousands of testifiers on both sides of the issue, evaluating dozens of amendments, and deliberating procedures through hours of floor debates, the House passed this significant bill, which directly creates a balance between marriage equity for same-sex couples and protects our First Amendment freedoms for religious organizations. I applaud Speaker Souki, Judiciary Chair Rhoads, Finance Chair Luke, Majority Leader Saiki and the rest of the leadership team for their patience, fairness and hard work in shepherding this bill through the House. I am confident that the Senate will address the bill in the same spirit. I look forward to a successful conclusion to this major step in affirming everyone's civil rights."

The Senate will address the amended version of the bill on November 12.

Once passed, it would go into effect on December 2, making Hawaii the 16th state to have passed marriage equality.

Hawaii House approves marriage equality bill in initial vote, final vote scheduled for today

By a sizable margin, the Hawaii House approved a marriage equality bill that yesterday passed out of committee, setting up a final vote on the measure Friday.

The Friday vote will likely succeed by a similar margin to Wednesday’s 30-18 tally, and will go back to the state Senate–which overwhelmingly approved a similar bill last week–for final passage of the bill’s amendments.  (The Senate vote could happen Tuesday.)

We wrote about the changes to the bill in our piece on the House committee vote yesterday:

The most significant change to the legislation came in the form of an expanded religious exemption that will protect religious organizations–either for-profit or not-for-profit–from facing fines if they refuse to perform a same-sex couple’s wedding.

“The biggest amendment, the most important amendment, was expanding the religious exemption.” House Judiciary Committee Chair Karl Rhoads told Hawaii News Now.  “It’s based on the Connecticut language — of the states that have same-sex marriage.  Connecticut is one of the broadest exemptions.”

Another change removed a provision from the legislation that some worried would unfairly allow some children of same-sex couples to be considered Native Hawaiians.  In addition, the new effective date of the bill will be December 2, 2013.

Intriguingly, one lawmaker–Democratic Rep. Jo Jordan–said she would oppose the bill, even though it would benefit her personally because she is gay:

“No, nobody’s going to beat me up. Nobody’s going to throw me out of my (LGBT) community — I’m not quite sure of that,” Jordan said.\

But Jordan said she set aside her beliefs when she listened to five days of testimony during a joint committee hearing and listened with an open heart. Much of spoken public testimony during the hearing came in opposition to the bill.

“I might vote against something that I personally believe in. I personally believe I should have the right,” Jordan said. “You know how hard it is for me to say no? I have to say no.”

The proposed marriage equality bill would allow same-sex couples to wed in the states starting December 2.

Anti-Gay Mob Rule in Hawaii

In what is being described as “mob rule,” a large Christian anti-gay group is shouting and protesting yesterday outside the Hawaii State House. 

Chanting “let the people vote” — a standard NOM incitement — anti-gay activists were reportedly bussed in this morning.

Today’s House session has reportedly just begun, but lawmakers are having a hard time hearing over the anti-gay protestors outside.

'Citizens Filibuster' Continues as Thousands Testify at Hawaii Marriage Equality Bill Hearing: VIDEO

Thousands of anti-gay religious folk continue to testify before the Hawaii House of Representatives in its special legislative session to address a marriage equality bill, including NOM Chairman John Eastman (above).

AzBlueMeanie sums up where we're at as of Saturday night:

Public testimony continued in the Hawaii House until 11:00 p.m. Saturday night. The hearing will resume on Monday, November 4, at 11:00 a.m. in the Capitol Auditorium. Monday’s hearing will continue to be broadcast live by Capitol TV and on Olelo Channel 53.

Religious groups opposed to marriage equality are attempting a "citizens filibuster," similar to what pro-choice advocates attempted in the state of Texas earlier this year: thousands have signed up to testify in an attempt to run out the clock by talking the bill to death in the time scheduled for the Special Session.

And Hawaii News Now adds:

More than 13 hours after House Representatives first sat down for public testimony on the same-sex marriage bill -- they're still going, and with no end in sight.

Nearly 5,000 people have signed up to testify on SB 1, the "Hawaii Marriage Equality Act of 2013".  It's unclear how many people actually addressed lawmakers because around 9 p.m. Thursday the hearing started moving along quickly as legislators called upon numbers and no people stepped up.

Hours before the hearing even began, the line to testify was already wrapping around the auditorium.  At 9 a.m, more than 15,000 pages of written testimony were submitted and House officials say it continues to pour in.

The Hawaii House appears to be looking to Connecticut as a model:

The Connecticut Supreme Court ruled in 2008 that the state's marriage and civil unions laws violated equal protection because gay couples were denied the ability to marry, becoming the third state, after Massachusetts and California, to legalize gay marriage. Connecticut approved a law in 2009 implementing the court's ruling while adding a broad exemption to deal with religious liberty.

Hawaii Lawmaker Files Suit to Shut Down Marriage Equality Special Session Over 1998 Ballot Measure: VIDEO

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.

Hawaii Senate Passes Marriage Equality Bill in 20-4 Vote

Hawaii's Senate has passed the marriage equality bill in a 20-4 vote after several hours of debate in a special legislative session called by Governor Neil Abercrombie. The bill now moves to the House. 

The Star Advertiser reports on the next steps:

If the House amends the bill, as it likely, it would have to come back before the Senate for review before moving to Gov. Neil Abercrombie for his signature. A joint House committee hearing scheduled for Thursday was expected to keep lawmakers working while trick-or-treaters celebrate Halloween.

House Majority Leader Scott Saiki says it's likely the chamber will amend the bill to change religious exemptions. The Senate bill currently exempts ministers and other clergy from having to perform gay wedding ceremonies, but not for-profit businesses.

"The House committees recognize that there is still a lot of public concern about the scope of the exemptions," Saiki said.

The Halloween joint hearing between the House judiciary and finance committees is expected to last until midnight, then carry over to Friday if there are still people wanting to testify.

Mormon Church Pushing For Second Prop 8 In Hawaii

According to Mormon Church doctrine, worthy male members who marry a worthy woman in the Church’s temples are eligible to become gods and kings after the Second Coming. (The women are eligible to become goddesses and queens “unto their husbands.”) These gods and goddesses will be tasked with having numberless children in the afterlife and will form worlds of their own to reign over.

The current battle over marriage equality in Hawaii isn’t the first time the Aloha State has tried to legalize equality. Back in 1998, after the state’s Supreme Court ruled a ban on gay marriage unconstitutional, a ballot initiative went directly to the voters who chose to reject the rights of same-sex couples. And just like Hawaii’s 1998 fight—and the 2008 Prop 8 battle in California -— the Church of Jesus Christ of Latter Day Saints (a.k.a. the Mormon Church) is once again leading the charge against equality.

The Church has used this unique belief of the afterlife as the basis for its opposition to marriage equality. As marriage equality becomes law in a growing number of states, the Mormon Church has asserted that same-sex married couples, being unable to produce children, threaten that familial structure. It doesn’t make any difference that the religion’s ministers and clergy would never be required to perform the ceremonies for gay couples themselves, nor would the Church’s sacred buildings be required to host such functions.

It was against this backdrop that the leaders of the Mormon Church first got involved in the battle against equality in the 1990s. As I detailed in Political Research Associates’ “Resisting the Rainbow” report several years ago, the Mormon Church was acutely aware of its unpopularity among more mainstream Christian communities. Leaked letters between Mormon “apostles” and “prophets” (their highest ranking leaders) revealed a coordinated campaign they had created with the Catholic Church and Evangelicals, where the other faiths would provide a public front, while the Mormons would use their substantial wealth and volunteer abilities in the background. The campaign was an enormous success, overwhelmingly defeating advocates for justice and overriding the Hawaiian Supreme Court’s ruling.

Hawaiian State Senate committee passes same sex marriage bill

The state Senate Judiciary and Labor Committee voted tonight to advance a gay marriage bill after a daylong public hearing that explored themes of equality and religious liberty, first-class citizenship and the word of God.

The 5-to-2 vote came after the debate over marriage equality engulfed the state Capitol during the first day of a special legislative session called by Gov. Neil Abercrombie.

"It's historic in the sense that there's a huge paradigm shift, but it's a shift that, in my opinion, bends the arc of justice towards the right way," Sen. Clayton Hee (D, Heeia-Laie-Waialua), the committee's chairman, said after the vote. "It takes us to a new level of equal rights."

The bill now goes to the full Senate, where it is likely to be approved and sent to the state House. 

The House Judiciary and Finance committees have scheduled a 10 a.m. hearing Thursday on the measure.

Marriage Equality Battle Turns to Hawaii This Week; Officials Weigh in on Related 9th Circuit Cases

The marriage equality focus turns to Hawaii this week as Governor Neil Abercrombie calls a special session of the legislature to consider a marriage equality bill. Abercrombie has said he would not hold such a session unless the votes were there.

Still, expect religious right-wingers to do all they can to derail it. NOM is already running ads against it in the Aloha state.
Reuters reports:

The debate over same-sex matrimony has long divided the "Aloha State," and the special session will be greeted by rival demonstrations. On Sunday, proponents plan an "All You Need is Love" rally in Honolulu and opponents will follow with a "Let the People Decide" gathering on Monday.

In recent days, opponents of the bill have gathered on the sides of volcanic mountain highways and dense urban streets with signs saying "Let the People Vote on Marriage."

"They're starting House hearings on Halloween, when many of those opposed will be busy with their families, so we're telling people to bring their kids trick-or-treating at the state capitol," said Jim Hochberg, president of Hawaii Family Advocates, the leading group opposing the governor's bill.

Donald Bentz, head of the gay rights group Equality Hawaii, said he was hopeful the bill would pass and said it was bad policy to allow voters - rather than lawmakers or the courts - to decide civil rights questions.

MARRIAGE EQUALITY: What Five States Are Next?

Well, couples in New Jersey are waking up this morning with wedding rings, slight hang overs and tuxes spread out all over the floor. Marriage equality becomes a reality in the Garden State.

No one expected the situation to move so rapidly in New Jersey but that is the situation with same sex marriage in America. All over the country, at any moment, the courts could rule in our favor and suddenly we have a new marriage equality state.

Knowing that this issue is like a wildfire and just can't be predicted or (thankfully) contained it is hard to know exactly what state will be next. What are the likely next five states where we will see marriage equality over the next year? Here are some good hunches.

1. New Mexico: The State Supreme Court is going to rule if the counties that have been issuing marriage licenses in the state can do so.

2. Hawaii: The Attorney General has just ruled that the state legislature indeed does have the power to repeal the ban on marriage equality. Expect the Governor to call a special session and repeal it.

3. Illinois: This state should have been done months ago but it is hanging in limbo. Supposedly it is to come up in a special session. At the same time there is a court case proceeding in the state.

4. Michigan: A Michigan court has agreed to hear a case on marriage in February. Indications are that we could obtain a good ruling from the Michigan courts.

5. Virginia: This is my pick as the 'surprise state' next year. There is strong court cases proceeding in the state. Now 56% of the residents of the state support marriage equality. This is a long shot but it is my hunch.

Hawaii Attorney General: Legislature Has Constitutional Authority to Enact Same-Sex Marriage

Hawaii's attorney general David Louie today released an opinion in response to debate over the state's marriage laws, the AP reports:

Attorney General David Louie said Tuesday the Legislature unquestionably has the constitutional authority to consider and enact a bill to be considered during a special session later this month.

Louie's opinion comes in the form of a letter to state Sen. Les Ihara, a Democrat and majority policy leader. Louie says Ihara had questions about the law and criticisms from opponents who say it can't be passed without changing the state's charter document.

Hawaii Governor Neil Abercrombie has said it's 'very likely' that he'll call a special session of the legislature to pass a marriage equality bill.

Is Marriage Equality Coming to Hawaii?

The answer to the question in the title of this post has several components: almost certainly, and probably soon, but not quite yet.  The Huffington Post has more:

Hawaii Gov. Neil Abercrombie (D) attempted to nudge state lawmakers into action on Wednesday, releasing a draft of a bill that would make his state the 14th to legalize gay marriage.
The legislation, based off a bill that stalled earlier this year in the state Senate, "was drafted in collaboration with legislators, staff and stakeholders," Abercrombie said.
Abercrombie has expressed hopes that state lawmakers will meet for a special session in order to vote on the measure. Speaking after a rally outside the capitol that was timed with the 50th anniversary of the March on Washington on Wednesday, Abercrombie said he would let leaders in the state legislature review the bill before urging them to convene again to debate it.

But that special session doesn't quite look imminent.  Democrats do control commanding majorities in both the state House and Senate, but a two-thirds majority is required to initiate a special session.  And while Abercrombie can call for such a session himself and obviate the obviate the need for a two-thirds vote, Hawaii News Now reports that he's not quite ready to do so:

Is Hawaii About To Pass A Same-Sex Marriage Bill? ‘Very Likely’ Says Governor

Hawaii‘s Democratic governor Neil Abercrombie is prepared to call a special session of the state legislature if they can come up with enough votes to pass a same-sex marriage bill. Unlike Texas, where Republican governor Rick Perry recently called a special legislative session to take away rights — like a woman’s right to choose — Hawaii will “very Likely” be able to hold a special session and extend the civil right of marriage to same-sex couples, the Governor says.

The timing couldn’t be better. Fresh off the Supreme Court’s evisceration of DOMA and effective killing of Prop 8, Hawaii also has a Democratic governor, and a Democratic majority in the House and Senate. And if that isn’t enough, there’s strong support among the religious community in the Aloha State.

“I think we can put together something that can achieve a solid majority, that will give us the opportunity to establish marriage equity in the state of Hawaii commensurate with the recent Supreme Court decisions, and will satisfy and resolve the issues that are presently before the appeals court on the mainland,” Abercrombie told a gathering of state Democrats, according to the Washington Post:

Abercrombie’s chief of staff, Blake Oshiro, is working on language with the state attorney general’s office, the Star-Advertiser reported Monday. State Senate leadership says they have the votes to pass a same-sex marriage bill.

An AP article notes support among the religious community: 

More than two dozen Hawaii faith leaders of various religions signed a resolution Monday calling the state to pass a law legalizing gay marriage.
Jewish, Unitarian, Methodist and other leaders read and signed the poster-sized declaration at an interfaith brunch at the First Unitarian Church of Honolulu.
“It’s all about standing on the right side of history,” said Rev. Dr. Jonipher Kupono Kwong of the First Unitarian Church.

Civil unions not the same as marriage when it comes to federal benefits

Same-sex couples in a civil union will not be eligible for most federal benefits now available to married, same-sex couples. In a series of memos released last week, the Office of Personnel Management (OPM) announced that same-sex or other couples who are not legally married “will remain ineligible for most federal benefits programs,” although any existing benefits provided to domestic partners “will remain intact.”

The announcement means that the federal government will treat civil unions differently than legal same-sex marriages.

The action by OPM follows the June 26 decision by the Supreme Court which ruled Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. That section of DOMA prohibited the government from recognizing same-sex marriage for purposes of federal benefits programs.

In a memo to federal benefits administrators, John O’Brien, OMP’s Director for Healthcare and Insurance, outlined changes in the status of federal benefits as a result of the DOMA ruling, noting that guidelines will apply to all federal workers, regardless of whether they live in states that have banned same-sex marriage.

That means same sex couples living anywhere in the U.S. will qualify for federal-employee benefits as long as they hold marriage licenses from any of the 13 states or the District of Columbia, where same-sex marriage is legal.

The Supreme Court ruling and announcement by OPM invalidate the often used argument by lawmakers opposed to same-sex marriage that civil unions offer the same benefits as marriage, without the title.

Currently, Colorado, Illinois, Hawaii, and New Jersey allow same-sex civil unions.

 

OPM acknowledged Tuesday that treatment for benefits of same-sex couples and domestic partners outside the federal workforce, including with Social Security, tax and veterans’ benefits have not yet been established.

OPM has given legally married same-sex couples until August 26 to apply for federal-employee benefits and two years to change their status for retirement benefits.