A long, uphill road for civil unions leads to welcoming arms of Hawaii’s governor

February 17, 2011 10:18 AM

HONOLULU—As Hawaii waits for Senate Bill 232, the measure on civil unions, to be signed into law by Gov. Neil Abercrombie, many are reflecting on the enormous strides the State has taken on the issue in the last decade and in the last six months.

To see Senate Bill 232, click here

At the end of last year’s legislative session, civil unions supporters made what some called a miraculous push to get the 2010 version of the bill finally passed by the House, a recurring stopping block for the legislation. It was only when Citizens for Equal Rights (CFER), a group formed to solicit public support for House Bill 444, put together a photo booklet featuring families and individuals in support of civil unions that the bill was brought back to the floor for a vote. The booklet was given to House members to show mainstream community unity for the bill. CFER’s push was credited with further fueling support from Hawaii residents who had not previously spoken out.

However, last session the bill never made it past the fifth floor of the State Capitol. When then-Gov. Linda Lingle announced her veto of House Bill 444 in July, equal rights advocates who had gathered on the State Capitol rotunda were left stunned. Some sat slouched over, staring blankly. Others stood, shouting in unison with the round-up of LGBT leaders, some shrieking, at times. “Shame on you, Lingle!”

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.

And with Abercrombie’s victory in November’s election over religious conservative Republican James “Duke” Aiona (and Mufi Hannemann), the majority of voters, in a way, had their say.

With the passage of Senate Bill 232 yesterday, Abercrombie issued the following statement: “I have always believed that civil unions respect our diversity, protect people’s privacy, and reinforce our core values of equality and aloha. I appreciate all the time and effort invested by those who shared their thoughts and concerns regarding civil unions in Hawaii. This has been an emotional process for everyone involved, but that process is now ended. Everyone has been heard; all points of view respected. For me, this bill represents equal rights for all the people of Hawaii.”

The governor will set a date to sign the bill into law.

The purpose of Senate Bill 232 is to “statutorily establish civil unions in Hawaii, and in so doing provide partners to a civil union the same rights, benefits, and responsibilities granted under chapter 572, Hawaii Revised Statutes (HRS).” The intent of the bill is not to revise the definition or eligibility requirements of marriage under chapter 572, HRS.

In Hawaii, marriage is defined as being “only between a man and a woman.”

The current definition was set after the decade-long legal tug-of-war that occurred when three gay couples sued the Department of Health after it denied them marriage licenses in 1991. The Hawaii Supreme Court ruled in 1993 that the department’s actions were unconstitutional unless the State could provide justification. As a result, in 1996, Circuit Court Judge Kevin Chang’s ruled that the prohibition of same-sex marriage violated the State Constitution’s equal protection clause, which stated marriage licenses could not be denied on the basis of gender.

However, it was when Hawaii voters, in a 285,000 to 127,000 decision, managed to pass a constitutional amendment that allows only opposite-sex couples to marry that active political conversation on the issue was stalled. And in 1999, the Hawaii Supreme Court ruled unanimously against same-sex marriage.

Same-sex couples in Hawaii are currently only able to enter into reciprocal beneficiary relationships with the Department of Health, which allow marriage rights granted by the State that do not pertain to family court (such as alimony, divorce, and child custody resolution) or fair access to health insurance. Reciprocal beneficiaries also do not receive any federal benefits in the same way that opposite-sex married couples do.

In the final vote on Senate Bill 232 yesterday, 18 senators voted in favor of the measure. Five senators voted against civil unions: Sen. Donovan Dela Cruz (D), Sen. Will Espero (D), Sen. Mike Gabbard (D), Sen. Donna Mercado Kim (D), and Sen. Sam Slom (R).

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