Date: Fri, 24 Feb 95 17:07:48 HST
From: ramsey@math.hawaii.edu

		MORMONS AND CATHOLICS JOIN THE
		STATE'S SIDE IN COURT AGAINST
			HERMP

        This move by the Mormons and Catholics is very ill-advised.
They are in great danger of being thrown out of court for frivolity.
Principally, they argue that Mormon and Catholic clergy would be
forced to celebrate same-gender marriages (if the state legalized
them) or face loss of their power to issue marriage certificates
recognized by the state.  This is legal nonsense---Catholics today
do not accept most divorces created by state courts; nevertheless,
they are not forced to celebrate second marriages to which they
object even though the state accepts the second marriage.  This
claim that same-gender marriage violates religious liberty refuses
to die---where do these people get their lawyers?  [It was used
by the RRR to rouse many church people in the fall of 1993.]

	This new move by the Catholics and Mormons will have little
influence on the case.  It will cost HERMP time and much money, but
not much else.  It may further damage the Roman Catholics in the eyes of
the legislators; Rev. Marc Alexander has already been chided by several
conservative legislators for inconsistency on domestic partnerships.
A silly court brief won't help him.

	This development really makes clear how little the State of
Hawaii is trusted to vigorously oppose HERMP in court.  This distrust
was also evident in the most recent newspaper ads paid for by some
Honolulu fundamentalists.  Here is the state's problem---the Attorney
General's staff has in the past strongly advised the state to "pre-empt"
HERMP's lawsuit by passing a strong-enough domestic partnership.  
The legislative leadership is fully aware of this, but is too busy to
do it unless they absolutely must do it---i.e., after HERMP wins in
court.  So, the Attorney General's office is left with little to
oppose HERMP in court.  Everyone knows this, including the Catholics,
the Mormons and the fundamentalists.  So there is much thrashing around,
trying to find some way to keep HERMP from winning in court.

	

					Aloha!

					Tom Ramsey


The following is an article quoted without permission from the Honolulu 
_Advertiser_ 24 February 1995, B-6.

  The Church of Jesus Christ of Latter-day Saints and the Roman Catholic 
Church of Hawaii want their day in court when it comes to same-sex 
marriage.  

  The LDS church yesterday asked to take an active role in Baehr vs. 
Lewin, an almost your-year-old lawsuit at the center of the state's 
same-sex marriage debate.

  "There are times when certain moral issues become so compelling that 
churches have a duty to make their feelings known," said Donald 
Hallstrom, LDS church Hawaii regional representative.

  The church, through attorney James Sattler, filed a motion to intervene 
--something that would make it a party to the case and allow it so 
subpoena witnesses.

  The Catholic Church said it agreed with the Mormons' efforts but would 
be taking a different route--filing a "friend of the court brief," 
something in which it could state its position and opinion about the lawsuit.

  "We would like to help bolster the state's case, adding our own 
particular perspective,["] said Rev. Marc Alexander, Hawaii Catholic 
Conference diocean [sic] theologian.  

  Baehr vs. Lewin was filed by three couples in an attempt to get the 
state to recognize gay marriages.  In May 1993 the Hawaii Supreme Court 
ruled a state ban on same-sex marriages was unconstitutional unless the 
state could justify it with a "compelling" reason.

  The case was sent back to Circuit Court for rehearing.  That is now set 
for September.

  Attorney Dan Foley, who represents the couples, was critical of the LDS 
church's attempted entry as a party to the case.  He said it was not 
timely and does not address what compelling issues the state may have for 
preventing gay marriage.

		[end of article]