Date: Tue, 03 Dec 1996 17:46:53 -0700 From: Barry Wick Subject: Gay South Dakotans respond to Hawaii decision For Immediate Release An Hawaiian Court today announced a decision in favor of three same-sex couples who want recognition of their relationships by marriage in the State of Hawaii. The ruling favors the right of same-sex couples to marry. Free Americans Creating Equal Status of South Dakota, Inc. (FACES) applauds the decision of the lower court in Hawaii and further urges denial of any further appeals by anti-marriage forces. "Further denial by the State of Hawaii or any state, including South Dakota, to issue marriage licenses to loving adult citizens who have formed their own loving families is a denial of a basic right to marry," said FACES President Barry Wick. The case, known as Baehr vs. Miike, has been in the courts of the State of Hawaii since 1993 when the Supreme Court of the State of Hawaii ruled that unless the state could make such a showing, the denial of marriage licenses to same-gender marriages was illegal discrimination based on the equal protection clause of the state's constitution. South Dakota was the first state to attempt to ban same-sex marriages in the 1995 legislative session following the Hawaiian Supreme Court decision. That attempt failed then. In 1996, the South Dakota Legislature passed a definition of marriage that included only one man and one woman contrary to decisions by both House and Senate committees in South Dakota that urged no passage of the definition in South Dakota. "Nothing changed in South Dakota despite the 'animus' shown gay and lesbian families by anti-gay forces. Our marriage laws still say South Dakota must recognize marriage from all states. We believe South Dakota would be an excellent site for a test case. We certainly can prove the hatred legislators displayed against gay and lesbian citizens in their attempts to pass this legislation. Anti-gay forces claimed this definition denied these citizens a basic right," said Wick. "If hatred of law-abiding, tax-paying and hard-working gay and lesbian South Dakotans is the basis of law, then this law must not stand." Today's decision will have little effect right away and legal recognition of same-gender marriages in Hawaii will wait for the outcome of the final Hawaii Supreme Court decision on the merits of the lower court's decision. An appeal is threatened by anti-gay forces. The final judgment on this case will have to wait for the state Supreme Court to review the trial court's decision. That final judgment could be another year away. The Defense of Marriage Act (DOMA) passed by both houses of Congress this year will not prevent recognition pof marraige within the state of Hawaii. DOMA will affect the ability of legally married same-gender couples in Hawaii to receive the same federal economic and social benefits which heterosexual couples receive. Should Hawaii provide legal recognition of marriage for same-gender couples in another year or so, then loving couples who are married in Hawaii but move to another state which has such a ban may seek to challenge such laws. FACES of South Dakota supports a challenge in the courts of South Dakota by couples who may marry in Hawaii and return to the state. Said Wick, "South Dakota is likely to allow marriage for same-sex partners long before it recognizes on-going hate crimes against gays and lesbians or places "sexual orientation" in civil rights protections for its citizens. While that may be putting the cart before the horse, South Dakota has managed to treat many of its citizens poorly and do a few things backwards over the years. So why should there be a difference now?" -30- Barry Wick, Executive Director South Dakota Alternative Library Free Americans Creating Equal Status of South Dakota, Inc. FACES of South Dakota, a publication 13121 South Creekview Road Rapid City, South Dakota 57702-8503 Phone 605-343-5577,FAX 605-394-8962 ALL NEW WEBPAGES!!! http://www.rapidnet.com/~facessd/ email: facessd@rapidnet.com