The Flint Hills Observer
October 1998

Hawaii Same-Sex Marriage Saga Continues
by Tom Ramsey, Hawaii

The issue of equal marriage rights for gays and lesbians in Hawaii could finally be resolved this Nov. 3. That’s when voters in Hawaii decide whether they want to change their state constitution to allow the Legislature to limit legal marriage to one man and one woman.

The ballot question: "Shall the constitution of the State of Hawaii be amended to specify that the legislature shall havethe power to reserve marriage to opposite-sex couples."

Note that it does not directly ban same-gender marriage, but moves the topic away from protection of the bill of rights in the constitution.  Note also that it is a power grab by the legislature at the expense of the independent judiciary.  As most people in Hawaii learn this, they decide to vote "no".  Can they be educated fast enough, by Nov 3?

A little history: The constitutional amendment, placed on the ballot last year by the state legislature, would allow the legislature to restrict marriage to opposite sex couples. The amendment is meant to undermine Baehr v. Miike, the historic court case in which the Hawai’i Supreme Court is expected to rule before the end of the year that civil marriage is legal for same-sex couples in Hawai’i. In the event of a favorable ruling and victory in November, the possibility of legal marriage in the United States exists as couples return from Hawai’i and test their marital rights in various jurisdictions. This will also provide “standing” to challenge the constitutionality of the 28 state anti-gay marriage bills and the federal Defense of Marriage Act.
 

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