As we prepare to open the 2010 legislative session on Wednesday, the state Senate appears ready to pass an amended version of HB 444, the same-sex civil unions bill that was recalled from the Judiciary Committee several days before the end of the 2009 legislative session.

Advocates of the measure are heartened by their belief that they now have the support of a majority of the Senate while opponents of the bill are mobilizing their own campaign to quash the bill once again.

At a time when the state is in such a deep financial crisis, can the Legislature afford the risk that it will get sidetracked by another round of debate on the issue of same-sex marriage?

After countless hours of testimony, discussion and debate on HB 444 last year, the Legislature is not likely to hear any new arguments on either side of the issue. What they will hear is public outcry against lawmakers resurrecting an issue that was thought to have been buried more than once last session alone. HB 444 is very likely to adversely affect the productivity of the session.

Sadly, it isn't even the best approach to a final resolution of the issue. It was a work in progress right up until the end of last session when it was hastily packaged and not really satisfactory to either side.

Although willing to compromise on legal benefits for civil unions, I remain opposed to same-sex marriage. I have long stressed the need for the U.S. Supreme Court to resolve the equal protection question once and for all. It would also prevent the current see-sawing between popular vote and legal decisions as we have seen in California, Maine and New Jersey. If we pass HB 444 against the will of the majority of the people, Hawaii is very likely to join that list.

With the trial now under way in the District Court in San Francisco to determine if the Constitution prohibits states from outlawing same-sex marriage, and with the expectation of an appeal to the U.S. Supreme Court next year, it seems reasonable to defer this emotionally charged issue to our nation's highest authority.

It would also allow the Legislature to focus on the more immediate and difficult task of balancing the budget. There is nothing more urgent that needs to be addressed during the upcoming session. On this, at least, we all agree.

State Sen. Robert Bunda represents the Mililani Mauka-Wahiawa-Haleiwa-Waialua district.