Tag: Hawaii

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Hawaii Supreme Court To Hear Marriage Equality Challenge – AGAIN

With over 3,000 same-sex couples married in Hawaii, GOP state Rep. Bob McDermott is like a dog with a bone as he takes the issue back to the state’s Supreme Court saying the Legislature did not have the authority to pass marriage equality into law last year.

From the court’s docket notice:

On appeal to this court, Respondents contend that the trial court erred in denying their motion for temporary restraining order and preliminary injunction, and in granting the Petitioners’ motion for summary judgment.

Respondents argue, inter alia, that the Hawai`i Marriage Equality Act is unconstitutional because in 1998, the people of Hawai`i voted to amend article 1, section 23 of the Hawai`i Constitution to state that “the legislature shall have the power to reserve marriage to opposite-sex couples.”

Respondents argue that the intent of this amendment was to constitutionally reserve marriage to opposite-sex couples, so the legislature was not authorized to pass the Hawai`i Marriage Equality Act.

In response, Petitioners argue that article 1, section 23 allows the legislature to reserve marriage to opposite-sex couples, but does not require it to do so. Petitioners also argue that Respondents lacked standing to bring this lawsuit.

The hearing is scheduled for 11AM Hawaii time.

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Hawaii Haters Get Another Swipe At Same-Sex Marriage

Even though Hawaii has enjoyed marriage equality for a year, and even though 1,800 same-sex marriages have taken place in the state during that time, anti-gay Rep. Bob McDermott has won his chance to bring the issue to the state supreme court at least one more time.

On Dec. 18, the state’s high court will hear oral arguments in the challenge brought by Rep. Bob McDermott, a Republican in the Hawaii Legislature. The basis of his case: Hawaii voters opposed same sex marriage in 1998 by a vote of 69.2 percent to 28.6 percent on a amendment that read: “The legislature shall have the power to reserve marriage to opposite-sex couples.”

Most voters believed they were reserving marriage to opposite-sex couples only in 1998, McDermott said, because the amendment clearly restricted the power of the Legislature on this issue, not expanded it. “The people spoke on this issue in 1998 in a clear voice. To ignore them is to disregard and disenfranchise their 1998 vote,” McDermott said. “I defy anyone to explain how those ballot instructions mean they can exercise the exact opposite of the will of the people regarding marriage. Who owns the government, politicians or the people?”

McDermott first filed a court challenge to the law while it was still being debated at the Legislature last November. “Some people fail to realize that we won on two of the three issues contested in the second hearing, as to standing and the language of the amendment, respectively,” McDermott said.

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Road Rage in Hawaii

From the YouTube clip description: “This lady was looking down at something, maybe on her phone or something else but there was a good car and a half length of free space in front of her so I changed lanes (she was completely still, not moving at all waiting for red light to change).

“As I made my turn I could hear the lady’s horn blaring. I looked in my rear view and I could see she was visibly upset. She continued to tail gate me and follow me closely. She then tried to either overtake me or get on the side of me to try and run me off the road. She did this a few times.

“I slowly drove the speed limit and made it to a shopping center near by. At this point the lady continued to follow me and I knew she wasn’t going to let me go so I took out my phone and started recording her. The following is what happened.”

Please note the small child in the woman’s front seat. She’s driving erratically, swerving in traffic and cursing in front of the child.

What a mother!

(h/t Towleroad)

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Oral arguments in 9th Circuit Court today for Idaho, Nevada and Hawaii

Today at 1pm Pacific time, the 9th Circuit Court of Appeals will hear oral arguments regarding marriage equality for Idaho, Nevada (my home state), and Hawaii.

You can watch via YouTube below or by going to www.ca9.uscourts.gov and clicking the website’s link, “Live Oral Arguments.”

Idaho will get a full hour (equally split for both sides) for oral arguments.  Nevada will follow with 30 minutes total, and then Hawaii will have 20 minutes to make each side’s case.

If you want to follow the Twitter conversation, look for hashtag #9thCircuit

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Ninth Circuit panel selected for marriage equality cases in Hawaii, Nevada and Idaho

According to Equality Case Files, the three-judge panel selected for next week’s 9th Circuit Court of Appeals hearings on marriage equality bode well for the good guys.

The Nevada, Idaho and Hawaii cases will be heard consecutively next Monday, September 8th beginning at 4pm in San Francisco.

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Hawaii Gov. Neil Abercrombie blames marriage equality support for primary loss

Hawaii Gov. Neil Abercrombie is pointing to his support of marriage equality for his lop-sided loss in the recent Democratic primary for reelection.

The winner, state Sen. David Ige, also supports marriage equality and voted for it during the special session called by Abercrombie last year to pass the new law. But Abercrombie told reporters, according to the Associated Press and Honolulu Star-Advertiser, that his theory is “Republicans crossed over en masse” to vote in the Democratic primary as revenge for legalizing same-sex marriage.

As a result, Abercrombie says the loss was worth it. “There’s no way I could live with myself if I thought I was diminishing another human being’s ability to reach their full capacity,” said Abercrombie, according the AP.

Abercrombie was handily defeated, earning only 31 percent of the vote compared to Ige taking 67 percent.

Abercrombie is the first sitting Democratic governor in Hawaii to lose in a primary.

Sen. Ige is heavily favored to win the general election due to the political makeup of Hawaii.

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Hawaii: Oahu judge rules state marriage equality law is constitutional

A judge in Oahu has ruled that the recent marriage equality act in Hawaii is constitutional:

First Circuit Judge Karl Sakamoto ruled Wednesday that the Hawaii Marriage Equality Act of 2013 is constitutional under both the state and federal constitutions.

Hawaii Attorney General David M. Louie issued a statement saying the ruling “unequivocally affirmed the right of people to marry the person they love without regard to gender.”

“This is a very good day for the people of Hawaii,” Louie said.

Two injunctions were sought by Republican state Rep. Bob McDermott of Oahu. The first before the law was even signed into law.

The first injunction was to stop the governor from signing the bill into law; the second to stop the state from issuing licenses to same-sex couples. Both were denied.

Since the law went into effect 670 same-sex couples have been married in Hawaii.

Rep. McDermott says he plans to appeal.

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Hawaii says “Aloha!” to day one of marriage equality

Same-sex couples are taking advantage of Hawaii’s newfound aloha for gay weddings.

Six couples tied the knot early Monday, shortly after midnight, when the new law allowing same-sex couples to marry took effect.

A Waikiki resort was hosting mass ceremonies for anyone wanting to sign up, while a group of clergy who pushed for the new law planned to host a wedding for an openly gay Unitarian minister at a church near downtown Honolulu.

Take a look at all the shiny, happy people via Buzzfeed. Congratulations Hawaii!

The first couples to take advantage of Hawaii’s new found marriage equality gather for a group picture at the Sheraton Waikiki, Sunday, Dec. 1, 2013 in Honolulu.

Michelle Broder Van Dyke/BuzzFeed

Michelle Broder Van Dyke/BuzzFeed

Michelle Broder Van Dyke/BuzzFeed

(source)

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Hawaii: Marriage equality opponents find a lump of coal in their stockings

Well, it looks like Santa Claus is making his list and checking it twice when it comes to opponents of marriage equality in Hawaii.

All 19 House lawmakers who opposed SB1, the marriage equality bill, received lumps of coal in the mail from an anonymous sender, Hawaii News Now reports, along with a note:

“You left a piece of your heart at the State Building when you voted on SB-1….. Your lifestyle choice of judging others and ignorance is very unfortunate. Good luck in the next election.”

The Hilo Medical Center’s return address was on the boxes but denies any involvement with the stunt.