Date: Mon, 26 Jan 1998 10:54:38 -1000
From: lambda@aloha.net (Martin Rice)
Subject: SA 411:  STATUS OF MARRIAGE IN HAWAI`I

At 01:24 PM 1/26/98 UT, C T wrote:
>Martin,
>
>My partner and I are anxiously awaiting any news concerning the same-sex 
>marriage situation in Hawaii.  Is there any indication of when and if this 
>will become a reality in 1998?  If it does we're ready to book the next plane 
>to Hawaii.  Could you please place me on any e-mail distribution list that may 
>exist for the latest news?  Thank you!
>
>Connie
>
>
Aloha kakahiaka `oe Connie,

There's no timeframe in effect, yet.

The Hawai`i Supreme Court could rule this afternoon, or it could rule a year
from whenever.

The key is whether or not the Hawai`i Supremes decide to hear more oral
arguments (a common legalese redundant phrase, not mine, please).  If they
decide not to hear those arguments, then they can issue their ruling on the
State's appeal of Judge Chang's order to the Deparment of Health to issue
marriage licenses to the plaintiffs at any time.

Otherwise, if the Court decides that they need to hear more arguments, then
both the defendants and the plaintiffs have a year to prepare for that onset
of that eventuality.  A decision by the Supreme Court under this scenario is
still not bound by a timetable.

I'm afraid that several key people affiliated with the case were running
around the country last year chanting the mantra "December, December,"
thereby getting everybody's expectations up.  I've steadfastly refused to
get into the guessing game, knowing Hawai`i as I do.  But others, eager to
draw attention to themselves, have been misleading mainlanders into thinking
otherwise.  On their behalf, let me apologize for your anxiety.

Just so everyone's clear on the status of the marriage issue here.  It has
been legal for two people of the same sex to get married in Hawai`i since
1978.  It was only in 1990 that a group of people in Honolulu got together
to try to get marriage licenses issued to them.  They were led by Bill
Woods, then-Director of the Honolulu Gay and Lesbian Community Center.  

The original case was thrown out of circuit court in 1991.  In 1993, the
Hawai`i Supreme Court overturned the 1991 decision, ruling that the refusal
to issue licenses was an illegal act forbidden by Hawai`i's Constitution
which bans discrimination based on gender, sending the case back to circuit
court, where it was heard in September of 1996.  
In December of that same year, Judge Chang issued his directive to the
Department of Health to issue the licenses to Tammy Rodriques & Tony Pregil,
Pat Lagon & Joe Demilio and Genora Dancel & Ninia Baehr, which the state
immediately appealed.  Judge Chang granted the state's request for an appeal
to the Hawai`i Supreme Court, and in the meantime granted a stay of
execution of the order to issue those licenses until the appeal could be
ruled upon.

In the meantime, the court case, Baehr v. Miike, is an activity financially
supported by the Marriage Project Hawai`i, a branch of the Honolulu Gay and
Lesbian Community Center, through fundraising efforts.  Those funds that are
raised go directly to offset legal expenses incurred by the original
attorney, Dan Foley.  The current co-Directors of the Marriage Project
Hawai`i are Sue Reardon and Ken Miller, who has just recently taken over Tom
Ramsey's former position.  Tom Ramsey is now focusing on the political
aspects surrounding the marriage issue in Hawai`i.

Hope this helps.

A hui hou,

Martin


P.S.--I will gladly add your address to the broadcast list.
 
  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
               "LOST IN TIME, LOST IN SPACE"
       "We don't want to go back to tomorrow, we want to
  go forward."
       "I have made good judgements in the Past.  I have 
  made good judgements in the Future."
       "The future will be better tomorrow."
                      --former Vice President Dan Quayle
                           ~~~~~~
                      Fred and Martin,
                  25 years, yet strangers
              before all but 18.8% of the law.
  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~