Same-sex issue
affects Democrat voteSome party members fear the controversy
By Mike Yuen
will ignite if Gill runs for chairman
Star-BulletinThe emotionally charged issue of same-sex marriage is once more becoming intertwined with an internal state Democratic Party election, and this time it is leaving isle Republicans delighted and some Democrats concerned. Central to this drama is former Lt. Gov. Tom Gill if, as expected, Marilyn Bornhorst steps down as party leader at the state convention in May.
Gill, as chairman of the state Commission on Sexual Orientation and the Law, was part of the 5-2 majority that recommended that same-sex couples be allowed to marry.
Now, Gill is heading a local political action committee, Protect Our Constitution, that has been organized to defeat a proposed constitutional amendment banning gay marriages that will be on November's ballot.
Unlike the contest for Democratic national committeewoman in 1996 in which same-sex marriage backer Amy Agbayani unseated incumbent Linda Rosehill, who's been leading the lobbying effort against homosexual unions, Gill said he does not see his probable candidacy for party chairman turning into a referendum on same-sex marriage.
"I've been tied to that issue with the commission, so what's new? The two issues (the party chairmanship and lobbying against the same-sex marriage ban) are not related to each other," Gill insisted. "If I become party chair, I've told (organizers of Protect Our Constitution) that I would resign."
But Republicans and some moderate Democrats believe the 29,000-member Democratic Party could be hurt if Gill, as chairman, is perceived as a spearhead for same-sex marriage. "As a former Republican Party chairman," said attorney Jared Jossem, "I think for either party to take an extreme position on this issue risks substantial voter alienation. If Tom Gill is for gay marriage and he becomes chairman of the Democratic Party, it is going to be good news for Republican candidates."
State Rep. Gene Ward (R, Hahaione Valley) said Gill as the Democratic Party's leader would show that the party is increasingly under the control of its liberal wing and increasingly out of step with the public.
Democratic state Rep. Romy Cachola of Kalihi said:
"The test will be how he acts if he's Democratic Party chair. If he is going to influence the Democratic Party to take a stand as part of its platform in opposition to the ban on same-sex marriage, I think he will be hurting the party. It will be divisive not only to members of the Legislature, but also to the public."
It's unclear at this stage if a Gill candidacy would face any opposition. Moderate Democrats are searching for a candidate. Retired state appellate Judge Walter Heen, who last year co-authored a stinging essay that led to the state's probe of the Bishop Estate, has confirmed that he has been approached about running.
Democrats are holding precinct caucuses Saturday to select state convention delegates, who, in turn, will elect the party chairman.
Protect Our Constitution/Human Rights Campaign, an affiliated PAC, has been formed by the Human Rights Campaign of Washington, D.C., one of the nation's largest gay-rights organizations.
The PACs are intended to be counterweights to isle PACs opposing same-sex marriage, such as Save Traditional Marriage-'98 and the Alliance for Traditional Marriage.
Gay-rights advocates asked for the campaign's assistance since the proposed constitutional amendment is a serious threat to limit the civil rights of a particular group of people, said David Smith, Human Rights Campaign spokesman.
"The issue that the people of Hawaii want to focus on is the economy. It's sad that we have to defend ourselves from this attack," added Smith, who is gay.
The campaign coordinator for Gill's PAC is former state House Vice Speaker Jackie Young, a Democrat whose bid for a state Senate seat in 1996 was thwarted when Senate Republican leader Whitney Anderson of Kailua repeatedly stressed his opposition to homosexual marriages in the final weeks of the campaign.
"I saw what happened in my race," Young said.
"I saw what happened to Len Pepper, Jim Shon and Devon Nekoba (Democratic representatives who were defeated in 1996). This is a threat to Hawaii, the aloha state, where a constitutional amendment would erode the Constitution."
Same-sex marriage:
Past articles
Hawaii nurses want
By Craig Gima
whistleblower protection
Star-BulletinNurses who report unsafe conditions because of understaffing or other health concerns may not be protected from retaliation under the state's whistleblower law. That's why the Hawaii Nurses' Association said it is supporting a Senate bill to expand the Whistleblowers Protection Act to employees who report violations of a code of ethics, or a danger to public health, safety and welfare. The bill would also expand protection to employees who report fraud, waste, misuse, and misappropriation of public resources, or malfeasance, misfeasance, or neglect of duty by an agency.
Under the current whistleblower protection law, workers are only protected if they disclose information on a violation of law.
"Nurses are real concerned about quality and safety of care that people are getting," said Nancy McGuckin-Smith, union executive director.
McGuckin-Smith said cost containment, managed care and downsizing have left some hospitals understaffed and nurses are intimidated by supervisors when voicing these concerns.
Attorney Perry Confalone, testifying for the Chamber of Commerce of Hawaii, said the bill needs to be fair to employers.
"The chamber is concerned that Hawaii's well-meaning businesses are not, themselves, victimized by misinformed or disenchanted employees who do not act responsibly to first determine that unlawful or unethical conduct may, in fact, have occurred," Confalone said in written testimony.
Confalone told senators the chamber supports expanding the whistleblower law but suggested several amendments so the law does not "become a tool for litigation abuse."
The bill allows a person who alleges a violation of the act to bring a lawsuit against an employer and seek compensatory and punitive damages.
Employers could also be subject to fines of up to $10,000.
Another bill heard by the Judiciary Committee would protect employees against retaliation by their employers if they report possible violations to the Campaign Spending Commission.
It would also allow the commission to award part of any fines collected to the employee who reports the violation.
The Campaign Spending Commission testified the measure, especially the "bounty" provision, could be useful in helping to enforce campaign spending laws.
The commission also suggested an amendment to help the commission fight the "bundling" of campaign contributions.
The commission requested the authority to require that certain contributors submit signed affidavits that funds contributed are their own and were not directed or controlled by any other person or organization.
If the affidavits were found to be false, felony perjury charges could be pursued against illegal contributions.
LEGISLATURE UPDATE
A calendar of tomorrow's hearings -- to be held at the state Capitol, 415 S. Beretania St., unless noted. Hearings marked with an asterisk will be aired live on Oceanic Channel 52 and TCI Cable 13:
HOUSE
Energy and Environmental Protection/Water and Land Use*: Joint hearing on bills relating to environmental impact statements in Waikiki and plant and animal conservation. Decision-making to follow, 8:30 a.m., Room 325.
SENATE
