Date: Thu, 10 Apr 1997 14:04:22 -1000 From: lambda@aloha.net (Martin Rice) Subject: Hawai`i Action Alerts, Information & Updates #7 Aloha awakea kakou. Much weirdness today. In the midst of all of this aloha.net decides that today is the day for a new dial-up number, which doesn't quite go as smoothly as planned. 34 hours (maybe) . . . . tick . . . . tick . . . . tick . . . . ACTION ALERTS: O`AHU ACTIVISTS NORTH SHORE KAUA`I & EAST MAUI (SENATE DISTRICT #6) HAWAI`I RESIDENTS FEEDBACK FROM THE JOINT CONFERENCE COMMITTEE HEARING OF 4/9/97 TRACEY BENNETT CAROLYN GOLOJUCH (This short post implies alot!!) BILL WOODS VIA POSTER WELL-PLACED HONOLULU SAVANT BILL WOODS MEDIA CAMPAIGN UPDATE INTRACONFERENCE MEMO ON HB 117, CD 2 TEXT OF HB 117, CD 1 PROPOSED 2 HARRASSMENT FROM FIRST HAWAI`IAN BANK? <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> Aloha awakea kakou. Was just informed by Bill Woods that Joe Souki has called a press conference on the marriage issue for today at 2:30pm HST TODAY in room 325 at the State Capitol. As many people as possible from our side are urged to attend. A hui hou, Martin <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> PLEA FROM THE CLERGY COALITION AND THE COALITION FOR EQUALITY AND DIVERSITY: Received an urgent request from the above organizations to ask that as many different people from Senator Chumbley's district (NORTH SHORE KAUA`I and EAST MAUI), Lesbian, Gay and otherwise, contact their Senator with calls of support, to defend the constitution and allow for equality and fairness for all of the citizens of Hawai`i. Senator Chumbley is under heavy attack from the rightwing and needs support! TOLL FREE KAUA`I DIAL-UP: 274-3141, then 66030# TOLL FREE KAUA`I FAX DIAL-UP: 274-3141, then 66031# TOLL FREE MAUI DIAL-UP: 984-2400, then 66030# TOLL FREE MAUI FAX DIAL-UP: 984-2400, then 66031# e-mail: abc@aloha.net <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> ACTION ALERT: The possibility exists that the internal, self-imposed April 11th deadline for the Legislature to present to the Governor any proposed constitutional amendments under active consideration may be pushed back to April 19th. Only TWO PEOPLE must agree to this scenario: Speaker of the House Joe Souki and Senate President Norman Mizuguchi. Please take the time to contact both and ask them not to move the deadline, that other business of the state needs attention and that dragging out the period during which the marriage issue can still be debated, and probably unresolved, will not work to the benefit of all of Hawai`i's people, who need auto insurance reform, etc. FROM O`AHU: SENATOR MIZUGUCHI: 586-6870 fax: 586-6871 REPRESENTATIVE SOUKI: 586-6100 fax: 586-6101 FROM THE NEIGHBOR ISLANDS: TOLL FREE KAUA`I DIAL-UP: 274-3141 TOLL FREE BIG ISLAND DIAL-UP: 974-4000 TOLL FREE MAUI DIAL-UP: 984-2400 TOLL FREE MOLOKA`I DIAL-UP: 1-800-468-4644 TOLL FREE LANA`I DIAL-UP: 1-800-468-4644 THEN SENATOR MIZUGUCHI: 66870# fax: 66871# REPRESENTATIVE SOUKI: 66100# fax: 66101# Another possible scenario: Because of the budget crisis, the governor could extend the legislative session past the April 29th deadline, or call for a special session, either of which would push back the date for submission of any constitutional amendments. <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> UPDATE FROM TRACEY BENNETT Please forward Comments on the House's 117, 4/9/97 >From Lobbyist for Marriage Project Hawai'i The House version of the amendment now says, "The legislature shall have the power to reserve marriage to opposite-sex couples." Adopting the structure of the senate's previous bill, the body of the bill says that it is the legislature's job--not the court's--to decide who gets licenses and who gets rights and benefits. There is no mention of equality for, or non-discrimination of, non-traditional couples; and they cannot seek redress from the courts. (Of course not! Terry Tom wrote this.) Rep. Tom was unwilling to discuss HB 118, the reciprocal beneficiaries bill, until the constitutional amendment is resolved. The Senate will not accept 117, but if it did, Tom would then toss us our 4 cans of soup and some crackers. I believe that the Senators won't budge much. Since Tom is harping on the idea of adding the words "to opposite-sex couples," the senators could add that to their own bill. (Of course, nothing satisfies him that isn't his idea.) The Senators are taking their time and will probably call the next conference sometime Thursday. The deadline is supposed to be Friday to get the bills in shape to send to the governor, but if house and senate leadership agree, the deadline could be extended. Let's hope that it holds. Keep the faith that good things will come out of this session. No amendment at all would be a very good thing indeed! Aloha, Tracey Bennett <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> OBSERVATION FROM CAROLYN GOLOJUCH Joe Souki was in the audience tonight at the meeting. (POSTER'S NOTE: Carolyn's short message really says alot. Joe Souki is the Speaker of the Hawai`i House of Representatives who exerts considerable control over the operations of the House and its committees, way too much control many suspect. Inside reports note that Terrance Tom is tiring of this battle, which explains the reason why he laid the whole kit-n-kaboodle at Souki's feet the day before yesterday, and Souki's presence last night.) <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> FROM BILL WOODS VIA POSTER Aloha ahi ahi kakou. Tonight's editions (4/9) of newscasts on Honolulu's four major affiliates did not mention the 9pm meeting scheduled for the Joint Conference Committee on their 5pm or 6pm broadcasts. First word of the conference came on an unusal splice on an independent's newcast at 9pm (specifically 9:12pm) on KFVE, which has an arrangement for verbatim feed from the NBC affiliate. The newscaster noted that the committee "had just convened a few moments ago to iron out details of a constitutional amendment to ban same-sex marriage." All four affiliates have a 10pm newsbroadcast, and I will glean what I can from surfing. In the meantime, I hope that someone from Honolulu will call me with details. At 9:45 received a phone call from Bill Woods with the counterproposals from the House, that were apparently received without comment by the Senate conferees. Their latest version of the proposed Constitutional Amendment reads: "The Legislature shall have the power to reserve marriage to opposite sex couples." Further, Lead House Conferee, Terrance Tom, made it specifically clear that the House has no intention of discussion on the so-called "Reciprocal Beneficiaries" bill as the deadline for that legislation is later this month. By taking the action that the House did, it was made perfectly clear that the House has chosen to ignore the Senate's concerns for fairness and equality. The House's new version of the proposed amendment also make it clear that there is no avenue of redress for any future concerns of nontraditional couples. Was only able to catch the FOX and ABC 10pm broadcasts. The FOX broadcast was live from the Capitol, and concluded with a live interview with Terrance Tom. Tom continues to espouse his theme of traditional marriage. He insists that his course is the correct course. The ABC broadcast noted briefly that the Senate and the House were "on the same wave length." A hui hou, Martin <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> UPDATE FROM A WELL-PLACED HONOLULU SAVANT Senator Avery Chumbley made an appearance on KSSK radio (the most popular drive-time station on O`ahu) where he reiterated his stance on the so-called "rights package" being tied to the constitutional amendment, implying that the Senate will not consider the House's newest version of a Constitutional Amendment to ban same-gender marriage without guarnatees of equivalent civil rights, benefits and obligations being granted to those people who are otherwise not able to marry. <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> FROM BILL WOODS Update and Report from Hawaii Gay Marriage Project Update on 5th meeting of joint conference on Hawaii legislative bills to propose anti-same-sex marriage amendment (HB117) and one to create reciprocal beneficiaries (HB118) (domestic partnership benefits) for those who cannot legally marry. Part of this is taken from call-in report from myself to Martin on Kauai because I was not able to get to my computer. After his initial report I have added additional material. Only about 40 hours left in deadline. However this deadline of April 11 is an internal one which can be changed by two individuals: The Speaker of the House and the President of the Senate. The absolute deadline given the ending date of the session is April 19 which is provided by law for 10 days notice of any proposed amendment to be voted on by the legislature. (must be 10 days before end of session.) 4-9-97 evening report and update: At 9:45 received a phone call from Bill Woods with the counterproposals from the House, that were apparently received without comment by the Senate conferees. Their latest version of the proposed Constitutional Amendment reads: "The Legislature shall have the power to reserve marriage to opposite sex couples." Further, Lead House Conferee, Terrance Tom, made it specifically clear that the House has no intention of discussion on the so-called "Reciprocal Beneficiaries" bill as the deadline for that legislation is later this month. By taking the action that the House did, it was made perfectly clear that the House has chosen to ignore the Senate's concerns for fairness and equality. The House's new version of the proposed amendment also make it clear that there is no avenue of redress for any future concerns of nontraditional couples. My additions: WEW HB117 the latest House version not only limits issuing of marriage licenses to the legislature, but also legally allows them to limit those rights solely to this group without violating equal protection by this overriding amendment. It was absolutely clear that Rep. Tom would in no way pass the HB118 to provide some limited rights to other than heterosexual adult couples if any amendment passed out. He emphatically said the Senate's draft was tougher [meaning further from House desires to tar and feather and annialate Gay men and women] that what the House wanted. Senate Judiciary co-chairs were intereviewed by several news media following the conference and reiterated the Senate's position that fairness and equality for Gays and Lesbians must be a part of whatever legislation comes out or they will not support any. They clearly said that rights and benefits though HB118 would have to go hand in hand with HB117 or they would not be able to support either measure. About 40 hours left for first deadline. Let us hope freedom, equality, and justice prevail. The following is my long tag-line that I would hope to eventually turn into a bumper sticker - anyone want to donate to get bumper stickers produced? Agape = Freedom, Equality & Justice = Peace Do good, Bill Hawaii Gay Marriage Project GLEA Foundation Donations to: GLEA Foundation, P.O. Box 37083, Honolulu, Hawaii 96837 <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> MEDIA CAMPAIGN UPDATE TV ADS are still running on Hawai`i's four major affiliates, and are viewed statewide. Most are strategically placed in news broadcasts. (I hope to get a copy of the script on line soon). PRINT MEDIA ADS sponsored by the ACLU in the Advertiser and Star-Bulletin have ceased. The ALLIANCE FOR TRADITIONAL MARRIAGE has kicked in their own anti-same-gender marriage media campaign. Following is their ad in this morning's Advertiser. (About the same size as the ACLU ad--40% of one half of one whole page.) (POSTER'S NOTES: this ad is already out-of-sync with what's happening at the Legislature. ALSO NOTE: the line before the address: "It's our last chance.") GAY "MARRIAGE" IN HAWAI`I? Presenting "A Chronicle of Deceit in the Hawai`i State Senate" Starring Senator Avery Chumbley (E. Maui, N. Kaua`i) Ph: 586-6030, fax: 596-6031, e-mail: abc@aloha.net Senator Matt Matsunaga (Wai`alae, Palolo) Ph: 586-7100, fax: 586-7109, e-mail: matsnaga@pixi.com Senator Mike McCartney (Kane`ohe, Kahuku, He`eia) Ph: 586-6910, fax: 586-6909, e-mail: senmccartney@capitol.hawaii.gov Senator Wayne Metcalf (S. Hilo, Puna) Ph: 586-6900, fax: 586-6869, e-mail: senmetcalf@capitol.hawaii.gov These senators have absolutely no problem ignoring the will of the people. While nearly 75% of Hawai`i residents oppose the legalization of same-sex "marriage," these senators are desperately trying to legalize it behind our backs. In fact, they have been playing games with us all along. AND THEY KNOW IT. These senators drafted one scam after another in their attempt to sneak gay "marriage" right under our noses. They have pretended to support traditional marriage while in reality they are trying to destoy it. AND THEY KNOW IT. These senators said they wanted to resolve this issue early on in the legislative session. Here we are nearing the end, and they are the very ones responsible for creating roadblocks to preserve traditional marriage. AND THEY KNOW IT. These senators initially offered the people an amendment that would "preserve marriage between one man and one woman, PROVIDED THAT it did not deprive any person of civil rights on the basis of sex." This amendment is obviously political doublespeak. It would have granted the Courts the authority to legalize gay "marriage." AND THEY KNOW IT. These senators are once again offering the people an amendment they claim preserves traditional marriage, BUT it does NOT. It states: "The Legislature shall have the power to regulate the issuance of marriage licenses." While it sounds appealing, in effect, this amendment would do absolutely NOTHING to preserve traditional marriage. Quite frankly, this amendment is a trick. AND THEY KNOW IT. This Friday, April 11, is the Legislature's deadline for all constitutional amendments. ACT NOW! Call these seantors today and tell them to quit toying with traditional marriage. It's our last chance. For more information, contact: Alliance for Traditional Marriage-Hawai`i P.O. Box 27878, Honolulu, Hawai`i 96827 (808) 523-8451 fax 523-3859 [logo: Marriage: 1 man & 1 woman] <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> INTRACONFERENCE MEMO FROM TERRANCE TOM Statement by Representative Terrance Tom 4/09/97 Conference Committee Hearing Senators: The Housee Conferees have had a chance to meet and discuss the proposals you passed to us yesterday. We believe, given your latest draft and the comments that you made in the proposed Committee report, that the House and Senate Conferees are at last on the same wavelength with respect to the Constitutional Amendment You have written in the proposed Committee reports that the Senate wishes to provide, and I quote "the people of Hawai`i with an opportunity to amend the Hawai`i State Constitut;ion to expressly limit the status of marriage to couples of the opposite sex." With this the House wholeheartedly agrees. However, the amendment you have given us does not, in your words, "expressly limit the status of marriage to couples of the opposite sex." In fact, your Amendment does not even mention limiting the status of marriage to couples of the opposite sex. Anyone who reads the amendment in the voting booth would not even be able to tell that the amendment has anything at all do with the controversy over same-sex marriage. The House conferees therefore submit to you the following proposed language for a Constitutional Amendment: *The legislature shall have the pover to reserve marriage to opposite-sex coules." It is shorter, simpler, cleaner and more easily understandable by both the Courts and the public than any version which has been proposed so far. This language is a significant departure from the previous language proposed by the House and modifies the Senate language only to the extent that it makes explicit the publicly stated Senate position. All this amendment does is allow the people of Hawai`i to overrule the Baehr decision by voting to preserve marriage as the union between a man and a woman. <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> TEXT OF HB 117 CD 1 PROPOSED 2 HOUSE OF REPRESENTATIVES H.B. NO. C.D. I NlNETEENTH LEGISLATURE, 1997 STATE OF HAWAII PROPOSED 2 A BILL FOR AN ACT PROPOSING A CONSTITUTIONAL AMENDMENT RELATING TO MARRIAGE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI`I: I SECTION 1. The purpose of this Act is to propose an 2 amendment to article I of the Constitution of the State of Hawai`i 3 to clarify that the legislature has the power to reserve marriage 4 to opposite sex couples. 5 The legislature finds that the unique social institution of 6 marriage involving the legal relationship of matrimony between a 7 man and a woman is a protected relationship of fundamental and 8 unequaled importance to the state, the nation, and society. 9 because of its preferred status the legislature can, and does, 10 provides certain rights and benefits to couples who are legally 11 married. The legislature further finds that the question of 12 whether or not the state should issue marriage licenses to l3 couples of the same sex is a fundamental policy issue to be l4 decided by the elected representatives of the people and not by l5 judicial fiat. This constitutional measure is thus designed to l6 ensure that these fundamental policy issues remain the province l7 of the legislature as the elected representatives of the people l8 and to further ensure that the legislature will remain open to 19 the petitions of those who seek a change in the marriage laws, 20 and that such petitioners can be considered on an equal basis 2l with those who oppose a change in our current marriage statutes.. Page2 H.B. No. H.B. ll7 PROPOSED 2 1 SECTION 2. Artic1e I of the Constitution of the State of 2 Hawai`i is amended by adding a new section to be designated and to 3 read as follows: 4 "Marriage 5 Section 23. The 1egis1ature shall have the power to reserve 6 marriage to opposite sex couples." 7 SECTION 3 The question to be printed on the ballot shall 8 be as follows: 9 "Shall the Constitution of the State of Hawai`i be amended to 10 specify that the legislature shall have the power to reserve 11 marriage to opposite sex couples?" 12 SECTION 4 New condtitutional material is underscored. 13 SECTION 5. This amendment shall take effect upon cornpliance l4 with article XVII, section 3, of the Constitution of the State of 15 Hawai`i. HB117 CD1 PROPOSED H/2 <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> HARRASSMENT FROM FIRST HAWAI`IAN BANK? Local residents David & Joseph opened a business last year, and had requested recently a loan to open a second store. During the process they also expressed to the manager of the Kapa`a Branch pf First Hawai`ian Bank their displeasure with Jack Hoag (CEO of First Hawai`ian Bank) and his activities directed against same-gender marriage. Now, David & Joseph can't even get a return phone call. They wonder if anyone else has had similar problems. If so, contact them directly at kellyd@aloha.net. <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> ~~pau~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "Of all of the tyrannys that affect mankind, tyranny of religion is the worst." --Thomas Paine ~~~~~ Fred and Martin 24 years, yet strangers before the law ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~