Date: Fri, 13 Jan 95 22:05:01 HST
From: ramsey@math.hawaii.edu

			FEDERAL JUDGE HAROLD FONG ISSUES
                       PERMANENT INJUNCTION BARRING CHURCH
                     REPRESENTATIVES FROM HAWAII'S COMMISSION
                        ON SEXUAL ORIENTATION AND THE LAW

On Monday, January 9, Judge Harold Fong held a second hearing on
the complaint of two Honolulu fundamentalists against Hawaii's
Commission on Sexual Orientation and the Law.  Before Christmas,
Judge Fong had issued a Temporary Restraining Order barring four
religious representatives from the Commission and allowing the rest
of the commission to continue its work.  Judge Fong had barred two
representatives of the Catholic Church and the Mormon Church, but
permitted two American Friends Service Committee (AFSC) representatives
to stay on the commission.

The two Honolulu fundamentalists, one a Roman Catholic and the other
an Assembly of God minister, renewed their attacks on the commission.
They argued that the AFSC is so close to Quaker churches that it is really
a religion (this argument has failed in many courts before, which have
allowed tax money to be spent on selected YMCA programs, etc.).  They
attacked the appointment of two members from Hawaii's Civil Rights Commission,
pointing out that Hawaii law bars anyone from being members of two state
commissions.  They attacked another part of Act 217, the act which created
the Commission on Sexual Orientation and the Law.  Specifically, Act 217
has a paragraph which explicitly permits churches to solemnize same-sex
weddings without giving such marriages the force of law (this widespread
practice is thought to be protected by freedom of religion anyway).  The
fundamentalists argued injury to their own religious freedom by this
explicit permission to other churches!

The Assistant Attorney General, Stephen Michaels, argued against each
point well.  In addition, he asked that this hearing constitute the full
trial of this complaint and thus provide a final ruling for the complaint.

At 4 p.m., Jan. 13, Judge Fong issued a 9 page ruling.  The argument against
allowing churches to solemnize same-sex weddings drew this remark:
"The court finds plaintiffs' arguments baffling."  On the issue of two
commissioners serving on more than one commission, he ruled that it was
a matter of state laws and not his jurisdiction.  In oral remarks from the
bench, he had commented favorably on Stephen Michaels argument that
Act 217, having been passed after the law banning persons from serving on
more than one commission simultaneously, superceded the earlier act.
The judge fully granted Stephen Michaels' request that this hearing serve
as the final trial of this complaint.  The judge issued a Permanent Injunction,
barring the representatives of the Catholic and Mormon churches from the
commission, while keeping the AFSC commissioners and permitting the governor
to appoint 4 replacement commissioners.  Here is the final paragraph of
his decision:

"The court permanently enjoins the representatives from the Catholic
Church diocese and the Church of Latter Day Saints from further participation
on the commission.  The commission may continue to meet provided that such
meetings are permitted by its governing rules.  All other requests for
relief are either without merit or inappropriate for this court to consider
for the reasons hereinabove noted."

                              POLITICAL FALLOUT

In the meantime, the barred commissioners have gone public with a letter
to the Governor in which they ask him to call for the resignations of the
other commissioners---thus abandoning the whole project of studying the
discrimination caused by denying marriage licenses to same-sex couples.
They have charged that the commission is now unbalanced, and no longer 
fulfills the legislative intention of representing a cross-section of the
people of Hawaii.  The continuation of the commission has now itself become
a political issue---a convenient sideshow to the main event.

The Hawaii Equal Rights Marriage Project (HERMP) supports the quick
appointment of 4 replacement commissioners, and supports the continued work
of the remaining quorum of 7 members.  As long as the commission
educates people and politicians as to the reality of discrimination, we feel
that a useful dialogue is being maintained.  We hope that the politicians
agree!

				THE MAIN EVENT

HERMP is scheduled to be in state Circuit Court in April, unless there is
some postponement.  There, at last, the state must present its compelling
state interest in denying marriage licenses to same-sex couples.  HERMP  
will argue against any such interests.  We are confident that there are none.


					Aloha!



					Tom Ramsey
					Secretary
					HERMP Steering Committee