Judge says parade
can exclude gay groupsThe chairman of the Christian
Coalition says the ruling is
a victory for children
The city and the Hawaii Christian Coalition do not have to allow three gay rights groups to march in the Kids' Day Parade, a federal judge ruled yesterday.
CORRECTION
Saturday, July 5, 2003
>> Michael Golojuch Jr. is project coordinator of Parents, Families and Friends of Lesbians and Gays (PFLAG) of Oahu. A story on Page A1 of yesterday's newspaper incorrectly said he is president.
The Honolulu Star-Bulletin strives to make its news report fair and accurate. If you have a question or comment about news coverage, call Editor Frank Bridgewater at 529-4791 or email him at fbridgewater@starbulletin.com.
U.S. District Judge Helen Gillmor's ruling means the parade can go on as scheduled tomorrow in Waikiki.
Gillmor found that even though the parade is part of the city's Family Day activities, it is being privately sponsored by the coalition, which has the right to deny an application to groups it does not agree with.
The coalition had threatened to cancel the parade if the gay rights groups were allowed to march.
"I'm so happy for the children of Hawaii," said Hawaii Christian Coalition Chairman Garret Hashimoto. "The city is doing exactly what they're supposed to be doing by helping the community, and we are helping the community and we're not doing anything wrong."
But American Civil Liberties Union attorney Brent White said the decision "sends a terrible message that it's OK for the city to behave improperly and use taxpayer money to fund discrimination."
The ACLU filed a lawsuit last week on behalf of Parents, Families and Friends of Lesbians and Gays; the Center; and the Gay Lesbian Bisexual and Transgender Family Network after the groups' applications to march in the parade were rejected.
White said there is not enough time to appeal yesterday's decision but that the lawsuit against the city and the coalition will continue.
"The fight is not over," he said, adding that the ACLU will seek a permanent injunction to prevent the city from doing this again and reimbursement of taxpayer money spent on the parade.
Michael Golojuch Jr., president of PFLAG, said even though his group will not be marching in the parade, its members will be holding signs along the parade route to promote the message that gays also believe in families.
"We're also reaching out to anybody who believes in the separation of church and state," Golojuch said.
Mayor Jeremy Harris issued a written statement yesterday saying: "We are very pleased that the court did not allow this Kids' Day event to become a political battleground over gay and lesbian issues. The children of Hawaii are the ultimate winners."
In denying the ACLU's motion for a temporary restraining order, Gillmor said that if the city was a co-sponsor of the parade, it could not prohibit the gay groups from marching in the parade.
But Gillmor cited declarations by city officials that the city is not a co-sponsor and that it is not providing any more assistance to parade organizers than it would provide to any organization hosting a major parade for the first time.
She also noted that the Christian group paid for its own insurance for the parade, while in the Martin Luther King Day parade that the city co-sponsors, the city covers liability.
Gillmor said she had to also consider the potential hardship to the gay groups, the city, the coalition and the public in making her decision.
Golojuch said he was surprised by the ruling. He said the city did not provide the same kind of support for the Gay Pride parade as it is doing for the Kids' Parade.
White said city documents show that the city was involved in planning the parade and solicited participants. The documents suggest the city came up with the idea for the parade before the Christian group became involved, he said.
But Hashimoto said the parade was his idea and that he came up with it last year when his organization did an outreach program for children in Waipahu.
Hashimoto said because of the controversy, the Shriners organization withdrew from the parade, but other groups are still participating.
"Family Day is to provide joy for the children of this community," he said. "I don't like to see children being intimidated the way they have been."
