Lingle vetoes Hawaii’s civil unions bill, calls on voters to decide

HONOLULU—Gov. Linda Lingle announced her veto of Hawaii’s civil unions bill—a bill the governor called the most critical issue this legislative session for Hawaii residents.

Lingle said that Hawaii’s civil unions decision should not be left up to her, but to the majority of voters in the coming election.

“I have been open and consistent in my opposition to same gender marriage and find that House Bill 444 is essentially marriage by another name,” Lingle said.

House Bill 444 was one of 39 bills placed on a potential veto list. Lingle had previously stated that she would take as much time as she could to come to a decision on whether or not to veto the bill. HB444 extends the same rights, benefits, protections, and responsibilities of spouses in a marriage to partners in a civil union. By establishing the status of civil unions in Hawaii, the bill states, it is not the Legislature’s intent to revise the definition or eligibility requirements of marriage under chapter 572, Hawaii Revised Statutes.

Last week, Speaker Calvin Say announced that he would not call the House of Representatives into special session to override Lingle’s vetoes. The State Constitution authorizes the Legislature to convene a special session by noon 45 days following the end of regular session—the final day that the Governor has to veto any previously passed bills.

House Leadership said that the bills, including HB444, named on the governor’s potential veto list either did not appear to have the necessary two-thirds vote in both chambers to override a veto or did not rise to a “sufficient level of statewide concern.”

“It’s my personal belief that simply because we have the legislative super-majority to override is not justification for us to do so,” Say said. “Partisan politics should not be a consideration or basis for any policy decision. The House should be proud of the work accomplished during the regular session—including balancing the state’s budget without increasing the general excise tax, without increasing income taxes on low- and moderate-income families, and without scooping the counties’ hotel tax share.”

Groups in support of HB444, Lambda Legal and the ACLU, issued statements regarding legal action immediately following the governor’s veto announcement.

“This was a sad surrender to political expediency that does not support business or family interests, but damages them,” said Jennifer C. Pizer, National Marriage Project Director for Lambda Legal. “In caving in to a well-orchestrated disinformation campaign mounted by the bill’s opponents, Governor Lingle has abandoned thousands of Hawaii families who have needed this bill’s protections for many years.”

Lambda Legal and the ACLU had readied a lawsuit after the House initially killed HB444 at the beginning of the 2010 legislative session. The Hawaii Senate had previously approved the bill by a veto-proof 18 to 7 majority and sent it back to the House for a conforming vote.

“We’re also disappointed that the Legislature opted to not override this veto immediately—we would have preferred to see couples win fair treatment through the political branch rather than having to pursue legal action,” Pizer said. “However, we’re still ready to do what’s necessary so our clients can protect their loved ones.”

The Hawaii Catholic Conference praised Lingle’s decision to veto HB444.

“We are truly grateful for Gov. Linda Lingle’s veto today of HB444,” Hawaii Catholic Conference stated on its website. “Her decision came after a thoughtful and balanced study of the bill and its consequences and we are convinced she has come to the proper and only conclusion that will best serve the people of Hawaii.

Hawaii Catholic Conference stated that it will ask the Legislature next year to consider changes and additions to Hawaii’s reciprocal beneficiary statute to provide for any needs, privileges, and protections the proponents of HB444 were seeking.

The veto announcement can be seen at hawaii.gov/gov.