Same-Sex Marriage In Hawaii

Sorry the issue is dead for now. Hawaii voters have decided that same-sex marriage will not happen anytime soon. But there's still hope for us to achieve equality in another state. However our governor is working hard on granting us a domestic partnership program. I'll keep you posted on that."

**THE RECIPROCAL BENEFICIARY RELATIONSHIP CERTIFICATE IS HERE!!**

Get it while it's hot!

Starting July 8th, 1997 same-sex couples in Hawaii are eligible to register as 'reciprocal beneficiaries'. It ain't marriage but it's definitely a step in the right direction. Check out the Hawaii Department of Health's web site where you can also download the application form.

Here is a quick summary of the events:

1990-Three same-sex couples apply to the state Department of Health for marriage licenses.The applications are denied.
May 1991- The same three couples sue the state, contending that Hawaii's marriage law is unconstitutional because it bars same-sex couples from obtaining marriage licenses.
October 1991- A Circuit Court judge throws out the case before a trial. The couples appeal that ruling to the Hawaii Supreme Court.
1993- The Hawaii Supreme Court reverses the trial court and sends the case back to Circuit Court for trial. The state high court also finds that the marriage law prohibits the couples from getting a license because of their sex; the justices say this may deny the couples their equal protection rights under the Hawaii Constitution.
1994- The Legislature reacts to the Hawaii Supreme Court decision by amending the marriage law to specify that marriage is between a man and a woman. Legislators also create an 11-member Commission on Sexual Orientation and the Law.
August 1995- Because of a court challenge over the commission's membership, the Legislature creates a seven-member Commission on Sexual Orientation and the Law. The new commission is told to examine major legal and economic benefits extended to opposite-sex married couples but not to same-sex couples.
December 1995- The commission recommends that the 1996 Legislature legalize same-sex marriage or, as an alternative, create a "domestic partnership" law to grant same-sex couples many of the rights and liabilities of marriage without their being married.
September 1996- Circuit Court trial
(Source:State Commission on Sexual Orientation and the Law.)
December 1996 - Circuit Judge rules in favor of same-sex marriage, then grants the state's request to not enforce his decision until the case is appealed to the State Supreme Court.

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For more information check out these links:

Collected Domestic Partnership Info
Domestic Partnership And Same-Sex Marriage
A detailed presentation of the facts by a Honolulu law firm
Read all about it! In the Honolulu Star Bulletin

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This page last updated on: 3/19/00

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