Date: Tue, 7 Feb 95 17:26:07 HST
From: ramsey@math.hawaii.edu

			HAWAII SENATE CREATES A NEW COMMISSION
			ON SEXUAL ORIENTATION AND THE LAW

	By a vote of 24-1, the Hawaii Senate approved SB 888 on Feb. 6.
SB 888 creates a new 7-member commission to study the discrimination caused
by denying marriage licenses to same-gender couples and to recommend to
the legislature remedies for this discrimination.  SB 888 now goes to
the House, where it is expected to pass.  The new commission has about a year
to make its report.  The committee report for SB 888 expresses warm praise for
the work of the first commission on sexual orientation and the law.  The
first commission had been attacked in the federal courts by two Honolulu
fundamentalists; despite those attacks, it managed to review half of Hawaii's
statutes for benefits conferred on married couples.  The mandate for the
first commission was widely thought to have ended this last month; thus some
legislation was required to continue its work.

	The need for legislation to continue the commission gave the Senate
a chance to revisit the make-up of the commission, a chance to which Senator
Rey Graulty leaped.  Senator Graulty chairs the Senate Judiciary Committee
which has the main jurisdiction on marriage law.  No more does the commission
have 2 Catholic and 2 Mormon commissioners---which was in any case ruled
unconstitutional by the federal courts (establishment of religion).  Likewise,
the law no longer specifies two members of HERMP, two members of AFSC, and two
members of the (permanent) Hawaii Civil Rights Commission.  This new 7-member
commission will be appointed by the governor, in part from candidate lists
prepared by the House and Senate. The new law gives Rey Graulty an inside
track to lobby the governor for a more conservative commission.  Nevertheless,
the commission will probably recommend some domestic partnership legislation
of limited scope.

	In the private Senate Democratic caucus (23 out of 25 Senators),
Senator Malama Solomon asked Senator Graulty whether this was "it" for this
year.  Senator Graulty said "yes".  This is the real news:  the
legislature is waiting for the courts to make a final resolution of the
HERMP lawsuit to obtain marriage licenses.  By hiding behind this
commission for one more year, the legislature has made itself a non-player
for the next 11 months.  Also, the lack of action by the legislature probably
weakens the state in court.  In particular, the state has nothing new to
say in the September 25 hearing in circuit court; at that time, the court
will hear the state's compelling interests in denying marriage licenses to
same-gender couples.

	The lone "no" vote is from Senator Mike Liu, a newly elected
Republican from the windward side of O'ahu.  Mike Liu's vote is consistent
with his past record on gay rights (opposed), despite the fact that he has a
gay brother and has been personally lobbied to support other gay rights
legislation by a cousin who is a Roman Catholic priest.  The fundamentalists
hate this commission (they hate anything remotely affirmative of gay
rights), and Mike Liu listens to them.

	This year, no Senator introduced a constitutional amendment to ban
same-gender marriage.  Thank you, Leon Rouse and the many friends you rallied
to that effort!

	In the House, two constitutional amendments to ban same-gender
marriage have been introduced.  Emilio Alcon introduced the same one as
last year.  Also, the Speaker of the House has introduced one "by request".
The latter is structured to appeal to a "let the people decide this issue"
legislator.  Both bills are being closely watched by HERMP.

				
				Respectfully yours,



				Tom Ramsey
				Secretary (volunteer)
				HERMP Steering Committee

P.S.  Contributions to HERMP are fully tax-deductible.  Please make them
to GLCC/HERMP, 1820 University Ave., Honolulu, HI 96822.  Mahalo nui loa!