Wednesday, April 01, 2020
Hawai'i Free Press

Current Articles | Archives

Wednesday, October 30, 2013
HB7 Gets State out of Solemnization Business, Protects Rights of Biological Parents
By Andrew Walden @ 6:52 AM :: 3884 Views :: Family, First Amendment

by Andrew Walden

With debate over the language of the SB1 gay marriage bill focusing on religious freedom, the denial of rights to biological parents mandated in SB1 has not received as much attention—until now.

In a gay marriage, at least one partner is guaranteed to not be the biological parent of any child.  In spite of this fact, SB1 (p5 line 4-9) states:

§572-C Right of parents. Parentage rights, benefits, protections, and responsibilities based on marriage shall be the same for all married spouses regardless of the gender of the spouses. These rights, benefits, protections, and responsibilities shall include paternity, maternity, and parentage presumptions based on marriage.

This means that a biological parent not party to a gay ‘marriage’ would have no right to his or her own child because the children are legally presumed to be of marital parentage.  For instance, under SB1 a child born to a woman will be legally taken from her if the biological father is married to another male.  Likewise, a male who impregnates one or both partners in a lesbian marriage would be legally presumed to have no rights over his biological children simply because the mother is married to another female.

The seizure of children from their biological parents is dangerous territory.  After gay marriage language similar to SB1 created a parentage crisis in California, Gov Jerry Brown ‘solved’ the problem October 4, 2013 by signing a bill which allows legal recognition of group parentage by more than two adults—essentially opening the back door to new family structures based on polyamory or polygamy.

In contrast to SB1, HB7, introduced October 28 with the co-sponsorship of Reps McKelvey, Evans, Carroll, and Kawakami, would protect natural parental rights.  HB7, page 15-17 preserves Hawaii’s existing legal presumption of marital parentage to opposite sex-couples only.  This language would protect the rights of natural parents over their own children:

d) Presumption of paternity. A man is presumed to be the natural father of a child if: (1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court….

While establishing marriage as the union of two persons without regard for gender, HB7 attempts to take the State out of the business of licensing marriage and licensing ‘solemnizers’ of marriage and of civil unions.  For instance a typical example of the proposed HB7 language (pg 3) makes the following changes by which the State legally recognizes marriage based on submission of an application and any ‘solemnization’ would be a purely private matter not regulated by the State:

(6) The [man and woman] two persons to be married in the State shall have duly [obtained a license] submitted a completed application for that purpose [from the] to an agent appointed to [grant marriage licenses; and person or society with -a valid license to solemnize marriages and the man and the woman to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony.] receive and certify completion of marriage certificate applications."

Regarding religious freedom, HB7 includes the following text (pgs 1&2):

"5572-     Private solemnization not unlawful. Nothing in this chapter shall be construed to render unlawful, or otherwise affirmatively punishable at law, the solemnization or refusal to solemnize any marriage by any entity for any reason; provided that nothing in this section shall be construed to confer any of the benefits, burdens, or obligations of marriage under the laws of Hawaii." …

"§572B-     Private solemnization not unlawful. Nothing in this chapter shall be construed to render unlawful, or otherwise affirmatively punishable at law, the solemnization or refusal to solemnize any civil union by any entity for any reason; provided that nothing in this section shall be construed to confer any of the benefits, burdens, or obligations of a civil union under the laws of Hawaii."

Maui News October 27, 2013 reported:

McKelvey said that he would introduce his own bill Monday to seek a way to allow people to have marriage benefits under federal law "while not burdening other people's First Amendment rights."

"The bill would basically separate church and state into their two separate universes," he said. "There should be two separate universes so one doesn't collide with the other."

Because HB7 continues to register marriages with the State, it does not fall into the libertarian trap of “getting government out of the marriage business” which would end all legal recognition of parental authority over children.  On the contrary, HB7 is the only legislative effort being made to protect the rights of biological parents to their own biological children.

According to the Legislative website, HB7 is referred to JUD/FIN on referral sheet 2.




TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

808 State Update AM940


ACA Signups Hawaii



Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii



Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube


Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii