Date: Thu, 30 Jan 1997 08:41:27 -1000
From: lambda@aloha.net (Martin Rice)
Subject: HAWAI`I SENATE BILL 97

Aloha kakahiaka kakou.

Installment 2 of 5 . . . .



 THE SENATE                             S.B.      NO. 97
 NINETEENTH LEGISLATURE 1997
 STATE OF HAWAI`I


  A BILL FOR AN ACT
  PROPOSING AN AMENDMENT TO ARTICLE I, SECTION 5, OF THE
      CONSTITUTION OF THE STATE OF HAWAI`I, TO AMEND THE DUE
      PROCESS AND EQUAL PROTECTION CLAUSE RELATING TO SAME SEX
      MARRIAGES.


  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI`I:

 1    SECTION 1.  The purpose of this Act is to propose an

 2 amendment to article I, section 5, of the Constitution of the

 3 State of Hawai`i to clarify that the term "sex" means gender and

 4 not sexual orientation and that limiting marital relations to a

 5 maLe and female doeS not constitute discrimination within the

 6 plaIn meaning of article I, section 5.

 7    It is the further intent of this Act to reassert the

 8 principie that the terms of article I, section 5, should be

 9 construed according to the plain meaning of the language and in

 lO consonance with the intent of the people of the State of Hawai`i

 11 1n adopting this provision.  Courts are duty bound to construe

 12 laws in accordance with the purpose and intent of those who enact

 13 the laws of this State.  In adopting article I, section 5, the

 l4 people of Hawai`i did not intend to extend marital relations

 l5 beyond traditional male~fenale marriages.  Any broadening of the

 l6 categories of marital relationships is a policy matter which is

 l7 to be determined by legislative and not judicial action.


Page 2                               S.B. NO. 97

 1     SECTION 2. Article I, section 5, of the Constitution of the

 2 State of Hawai`i is amended to read as follows:

 3               "DUE PROCESS AND EQUAL PROTETION

 4     Section 5. No person shall be deprived of life, liberty or

 5 property without due process of law, nor be denied the equal

 6 protection of the law,r nor be denied the enjoyment of the

 7 person's civil rights or be discriminated against in the exercise

 8 thereof because of race, religion, sex or ancestry,

 9     <begin underscore>For purposes of this section or any other section
in this

 lO constitution, the term `sex" means gender and shall not be

 11 interpreted to apply, directly or indiectly, to sexual

 l2 orientatiQn so as to prohibit or otherwise restrict the State

 13 from defining marriage as a union between a man and a woman which

 14 may be sanctioned and regulated by the State.<end underscore>"

 15     SECTION 3. The question to be printed on the ballot shall

 l6 be as follows:

 17     "Shall the Due Process And Equal Protection Clause of the

 18     State Constitution be amended to clarify that in This State

 19     "marriage" means a traditional marriage between a man and a

 20     woman as husband and wife and which has been sanctioned and

 21     which may be regulated by the State?"

 22     SECTION 4. New Constitutional material is underscored.


Page 3                               S.B. NO. 97

 1     SECTION 5. This amendment shall take effect upon compliance

 2 with article xvrx, section 3, of the Constitution of the State of

 3 Hawai`i.

 4

 5                         INTRODUCED BY: [Senators Iwas, Tanaka, Kawamoto,
Aki, Sakamoto, Tam, M. Ige, Anderson, Bunda, Solomon]


   SB97

~~pau~~


  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
  "I think there is a world market for maybe five computers."
                       --Thomas Watson, chairman of IBM, 1943
                           ~~~~~
                      Fred and Martin
                         24 years,
                    yet strangers before
                          the law
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