StarBulletin.com

Advocates energized despite political loss


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POSTED: Sunday, January 11, 2009

The emotional issue of same-sex marriage and civil unions will again be debated in the Hawaii Legislature this year.

               

     

 

Civil Unions and Same-Sex Marriage

        Hawaii law allows domestic partnerships for gay couples with rights such as family and bereavement leaves, probate rights and hospital visitation. But civil unions would offer other rights similar to marriage, such as being able to file joint state taxes and adopt children.
       

Hawaii voters passed a constitutional amendment in 1998 giving the Legislature the power to limit marriage to opposite-sex couples. The Legislature had passed a bill in 1994 defining marriage as between one man and one woman.

       

The amendment followed a 1996 court decision that said state had failed to show why same-sex marriages should not be allowed in Hawaii.

       

A bill to allow civil unions was heard in 2007, but died.

       

Two bills - one for civil unions and the other to allow same-sex marriage - are being drafted by the Family Equality Coalition Hawaii and are expected to be introduced by state Rep. Blake Oshiro (D, Aiea-Halawa).

The bills will get a hearing in the House, Judiciary Chairman Jon Riki Karamatsu said yesterday.

“;I'm willing to give it a fair hearing, and should it pass, I think it will be historic,”; said Karamatsu (D, Waipahu-Waikele).

The civil-union bill is based on a law passed in Connecticut in 2005, which provides same-sex couples the same rights and responsibilities under state law as marriage.

The marriage bill would redefine marriage as a union between two people, not just between a man and a woman.

Oshiro also wants to create a task force or commission to review whether civil unions brought equality to other states and clear up any misunderstandings of the process.

Oshiro thinks the civil-union bill has a chance to become law this year, but admits same-sex marriage faces a “;big uphill battle.”;

“;I'm not sure about the viability of it,”; Oshiro said. “;But I understand the need for discussion. ... I think it's symbolic.”;

The issue last came up in the Legislature in 2007. A bill to allow civil unions got a hearing, but former House Judiciary Chairman Tommy Waters killed the measure because he believed there weren't enough votes to pass it.

Family Equality Coalition co-chairman Alan Spector said he will be meeting with lawmakers, including Senate Judiciary Chairman Sen. Brian Taniguchi, on Wednesday. Taniguchi did not return a call for comment.

Karamatsu declined to say whether he is for civil unions or same-sex marriages, instead saying he is looking forward to hearing all sides of the issue.

“;I think there's going to be some reservations on that issue with certain members, depending where their districts are,”; Karamatsu said. “;Some districts feel a bit more conservative on the issue.”;

Spector said he hopes to allay political fears by providing a list of politicians who support same-sex unions and marriages and were re-elected across the nation. He also has enlisted help from local unions, including the Hawaii Government Employees Association and Local 5.

Spector also stressed that they are not seeking to change any religious definitions of marriage.

“;It is a myth,”; Spector said. “;This really isn't about religion. It's about the civil marriage certificate you can get at the Department of Health.”;

Hawaii gay residents should be reaching out to every person of faith, said Cleve Jones, a former aide to the late Harvey Milk, the first openly gay politician to be elected in California. His story and assassination are portrayed in the Gus Van Sant film “;Milk.”;

“;Every person of faith is a potential ally,”; Jones told a group yesterday at Unity Church. “;Now is the time to pull back on the anger and be as dignified as possible.”;

Jones was brought to Hawaii by Local 5, UNITE HERE's state affiliate, to conduct leadership training for local activists.

“;We failed in California,”; Jones said of that state's vote repealing the same-sex marriage law. “;We ran a terrible campaign. It was frustrating for me.”;

Jones said Hawaii activists must work with unions to form grass-roots coalitions, and encourage online activism on social networking Web sites like Facebook.

“;We need to turn the momentum now. It is against us,”; Jones said. “;We are not a subculture, we are a community. We are not a market, we are a movement.”;