Date: Sun, 16 Oct 1994 21:58:36 EDT
From: ramsey@math.hawaii.edu
Subject: HAWAII, NEWS, 10/16




                HAWAII'S GOVERNOR APPOINTS COMMISSION ON
                SEXUAL ORIENTATION AND THE LAW, TO SUGGEST
                LAWS TO CREATE EQUALITY FOR SAME-SEX COUPLES

  On October 7, 1994, Governor John Waihee appointed a Commission
on Sexual Orientation and the Law in accordance with Act 217 of
the 1994 Hawaii legislature.  In his letter of appointment, which
quotes directly from the Act 217, the Governor said that

    ``The purpose of the commission shall be to:  1)  Examine the
     precise legal and economic benefits extended to opposite-sex
     couples, but not to same-sex couples; 2) Examine whether
     substantial public policy reasons exist to extend such benefits
     to same-sex couples and the reasons therefor; and 3) Recommend
     appropriate action which may be taken by the legislature to
     extend such benefits to same-sex couples.''

   The commission is stacked in favor of equal treatment for same-sex
couples.  Its members are

   Dr. Amefil Agbayani, Hawaii Civil Rights Commission, long-time
     Filipina activist, straight, HCRC chairwoman and University
     of Hawaii director of student affairs for diversity, supportive

   Reverend Dr. Marc R. Alexander, Catholic Church Diocese, diocesan
     theologian, opposed to both marriage and domestic partnerships
     for same-sex couples

   Ms. V. Napua Baker, Church of Jesus Christ of Latter-Day Saints
     (Mormon), vice president of Brigham Young University-Hawaii and
     a Mormon gospel doctrine teacher, presumed opposed [the national
     Mormon church is working hard in Hawaii against domestic partnership
     and same-sex marriage]

   Ms. Reinette Cooper, Hawaii Equal Rights Marriage Project, co-chair
     of the Gay and Lesbian Community Center, Hawaiian activist,
     trial lawyer and former deputy city prosecutor, supportive

   Mr. Tom Dinell, Catholic Church Diocese, retired University of Hawaii
     professor, director of Catholic Charities, presumed opposed although
     he once testified in favor of banning employment discrimination
     which is based on sexual orientation

   Ms. L. Ku'umeaaloha Gomes, American Friends Service Committee,
     Hawaiian activist, director of the University of Hawaii's Kua`aina
     Student Services for Hawaiian students, former member of the board
     of the Gay and Lesbian Community Center, supportive

   Mr. John H. Ishihara, Hawaii Civil Rights Commission, chief counsel
     for HCRC, supportive

   Mr. Frederick W. Rolfing III, Church of Jesus Christ of the Latter-Day
     Saints (Mormon), partner in the law firm Stubenberg and Durrett which
     has represented the Mormon-sponsored BYU-H, from a well-established
     Republican family, presumed opposed

   Dr. Robert H. Stauffer, American Friends Service Committee, historian,
     homeless advocate, founder of the Madison Society (an ACLU of the
     religious left to defend freedom of religion), supportive

   Ms. Valerie R. Tavai, Hawaii Equal Rights Marriage Project, Hawaiian
     and Samoan, board member of the Gay Lesbian Community Center,
     coordinator for Hawaii Lawyers Care/Hawaii State Bar Association
     pro-bono services, supportive

   A person to head the commission has not been named.  The governor's
office has announced that the commission head will be selected by the
Speaker of the House (problematical for civil rights supporters) and
the President of the Sentate (friendly to civil rights).  Without a commission
head, the commission is stacked 6 to 4 in favor of full rights for same-sex
couples.

   As reported by Peter Rosegg, Honolulu Advertiser Staff Writer (10/13/94),
Reinetter Cooper commented

   ``By the time we get started, we'll be smack dab into November at
     the earliest.  With no chairman, we're in limbo.  If we have to
     rush, the report will be all chop suey.''

Cooper suggested that the commission might ask for to be extended
for one year, to be able to make a more comprehensive report in
January of 1996.


   Asking for a one-year extension has the support of the Hawaii Equal
Rights Marriage Project, which will continue in the meantime with court
proceedings.  HERMP will ask for summary judgment on the state's compelling
interests by mid-December.  If summary judgment is not granted, circuit
court hearings of the state's compelling interests will occur in
April of 1995.  If summary judgement is granted, it is expected that the
state will immediately appeal to Hawaii's Supreme Court, which issued the
original ruling that denying marriage licenses to same-sex couples was sex
discrimination and, under Hawaii's state constitution, subject to the same
scrutiny as racial, ethnic or religious discrimination.  That appeal
will put the case in the court most favorable to same-sex couples and
save HERMP about one year in legal costs.


                                        Tom Ramsey
                                        Secretary, HERMP Steering
                                                   Committee
                                        ramsey@math.hawaii.edu
                                        (808)926-1000 (fax)
                                        (808)942-3737 (GLCC/HERMP)
                                        (808)641-2252 (pager for
                                                       media)