Editorials
Friday, January 24, 1997

Legislators hold cards
in gay marriage issue

CHIEF Justice Ronald Moon was right in telling state legislators that they have a powerful "trump" because they can dispatch constitutional amendments to be approved by voters, while the courts can only interpret the Constitution. Moon was obviously alluding to the recent state court ruling that supports the legalization of same-gender marriage. However, the ultimate trump may have to be dealt by state legislatures throughout the country. Any new Hawaii law may be merely the first step toward resolving the emotional issue.

Last month, Circuit Judge Kevin Chang rejected the state attorney general's arguments against legalizing same-sex marriage. The issue is now headed to the state Supreme Court, which is expected to uphold Chang's ruling. The high court in 1993 compared the ban on homosexuals marrying to the former prohibition against interracial weddings.

In response, a jittery state House gave preliminary approval this week to a constitutional amendment restricting marriage to heterosexuals. A companion bill that's in the works would extend partnership rights to gays for hospital visitation, health decisions, property and inheritance. If the full Legislature approves the proposed constitutional amendment, the issue would be put to Hawaii voters.

Even if voters approve such an amendment, which is likely, don't look for the story to end there. Proponents of same-sex marriage are sure to challenge the amendment in the U.S. Supreme Court as violating the U.S. Constitution. If the federal high court agrees with Hawaii's high court - and the two constitutions are similar with respect to civil rights - it could, in effect, legalize same-sex marriage nationwide. A federal constitutional amendment must then be approved by three-fourths of state legislatures.

Those are a lot of ifs, but Chief Justice Moon was correct in saying legislators have the power to begin the process of amending the Constitution. Hawaii's Supreme Court lacks that coveted trump card.

‘Cleaning up’ crime

HONOLULU Mayor Jeremy Harris, who wants to make safer the streets of Honolulu, should pick up the new book, "Fixing Broken Windows," by George Kelling. It expands on the "broken windows" theory of crime - that a single incident of vandalism festers to affect first the building, then the street, neighborhood and, finally, the city. Conversely, if a single broken window, for example, can be fixed, order can be more easily restored and allowed to flourish.

A great humanitarian

HAWAII'S closest comparison this century to the humanitarianism of Father Joseph Damien De Veuster has to have been that of the Rev. Claude Du Teil. Just as Father Damien cared for those with leprosy, Du Teil spent years providing shelter and food for the homeless, today's societal pariahs. Du Teil died this week at the age of 76, but the spirit that he injected into what became known as the "peanut butter ministry" lives on.



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