Sunday, April 30, 2017   Search

Current Articles | Archives | Search

Wednesday, October 30, 2013
Lawsuit: Hawaii Constitution Forbids Legislature from Creating Gay Marriage
By Rep Bob McDermott @ 9:50 PM :: 3661 Views :: Family, First Amendment, Hawaii History, Hawaii State Government
 

UPDATE: Hearing Set for Thursday Nov 7

UPDATE: Full Text of lawsuit

Representative McDermott files lawsuit to stop same-sex legislation

News Release from Office of Rep Bob McDermott   October 30, 2013

Representative Bob McDermott filed a lawsuit today seeking a Declaratory Judgment regarding the 1998 ballot issue pertaining to same-sex marriage. The Governor and many legislators now claim that the meaning of the issue presented on the 1998 ballot gave the State Legislature the power to make all future decisions on same sex marriage. McDermott, however, insists that the adopted Constitutional Amendment, and official instructions from the Office of Elections, clearly set limits on legislative authority. McDermott further states that the people clearly “thought” they were voting on a legal definition of marriage as between opposite sexes only. According to settled law, the people’s perception of the meaning of a constitutional vote carries precedence over any other subordinate statutory consideration.

McDermott said, “I was there in 1998 as a member of the State House….a claim few in office today can make. The people thought they were answering the question once and for all. However, the horrible language that was foisted upon the people by the Senate Judiciary committee at the time left us with no choice but to accept the amendment. This explains the mess we are in today.“

The 1998 amendment reads: The legislature shall have the power to reserve marriage to opposite-sex couples. On November 3, 1998, Hawaii voters approved the amendment by a vote of 69.2–28.6%, and the state legislature exercised its power to ban same-sex marriage.

However, the people were told by the Office of Elections in an aggressive 4-week campaign that the meaning of the amendment was at following:

Meaning of a Yes Vote

A "yes" vote would add a new provision to the constitution that would give the Legislature the power to reserve marriage to opposite-sex couples only. The Legislature could then pass a law that would limit marriage to a man and a woman, overturning the recent Supreme Court decision regarding same-sex marriage. (Verbatim Office of Elections instructions)

The point here is that the people thought they were voting on reserving marriage to opposite-sex couples only. Settled US Supreme Court Law affirms that the will or intent of the people on a Constitutional Amendment, when reasonably inferred, supersedes any subordinate statutory language or committee reports.

Excerpts from the Senate Journal, Friday April 18, 1997 just prior to the vote for the Constitutional Amendment Relating to Marriage show that Representative McDermott was not the only one who correctly understood the meaning of the amendment under consideration. (Emphasis added).

Senator Matsunaga –

“Essentially, it accomplishes what we sought to achieve last year. That is, marriage licenses will be limited to opposite sex couples, but coupled with the passage of HB No. 118, CD1, nontraditional couples will be provided access to substantially similar economic marital rights and benefits.”

The people of Hawaii will have an opportunity to definitively express their will on the issuance of marriage licenses. As legislators we are bound to acknowledge their power and abide by their will.

Senator Chumbley-

“I support this proposed constitutional amendment, Mr. President, because I support and believe in the right of the citizens of Hawaii to define their own constitution. I also trust that upon full and fair debate, our citizen, over time, will do the right thing.”

“The amendment before us today is as finely tailored as we could accomplish. The people will decide on the simple issue of whether marriage should be limited to couples of the opposite sex—the courts are not insulted, equal protection is not conditioned, and no religious or social dogma is adopted. Instead, and affirmative expression of our understanding of marriage is incorporated in the supreme law of the land.”

“Mr. President, as a Legislator, I took an oath to uphold the Constitution of the State of Hawaii, a document which I hold dear as a lawmaker and as a citizen. The preamble to our constitution states, ‘We reaffirm our belief in a government of the people, by the people and for the people, and with and understanding and compassionate heart towards all peoples of the earth, do hereby ordain and establish this Constitution of the State of Hawaii.”

Senator McCartney-

“So that the record is clear. Granting similar rights and benefits does not mean granting same sex marriage as some have alluded to in an effort to confuse the public. Our compromise package simply gives us the legal and constitutional abilities to limit marriage to man and woman and ensures that those who cannot be married under the law are afforded certain rights and benefits.”

Ayes, 25. Noes, none.

In summary, the legislature needs to acknowledge that the voters did amend the constitution with the intent to limit marriage to couples of the opposite sex. The current legislature needs to honor the legislative record, the people’s votes, and the Hawaii State Constitution.

McDermott said, 'The people spoke on this issue in 1998 in a clear voice. Conceding this decision to the Legislature is not what they want as confirmed by a recent survey conducted by QEV Analytics which showed that 70% of Hawaii's voters believed that the definition of marriage is something that the people should decide. So, let them decide again….my amendment in the House (HB5) will enable them to do just that. We are the people’s house.

State Representative Bob McDermott (R) Ewa Beach, is leading the charge to “Let the people Decide" via a new constitutional amendment. A former Marine and Gulf War Vet, McDermott is one of the organizing forces for a coalition of citizens, politicians, businessmen, and clergy in their attempt to stop the legalization of same-sex marriage. McDermott, a father of 8 children, said, “This legislation is being done quickly and sneakily as they know the people, given the chance to speak, will not approve of same-sex marriage. “

---30---

Related: Abercrombie, Legislature Say: “The People Choose on Marriage”

Comments
LINKS:

TEXT "follow HawaiiFreePress" to 40404

ARCHIVES: Daily News Read

ARCHIVES: HawaiiFreePress

JOIN OUR EMAIL LIST

RSS FEED Latest 25 articles

TWITTER HawaiiFreePress

FaceBook: HawaiiFreePress

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ALEC

Alliance Defending Freedom

Aloha Conservative Alliance

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A'ole Eradication

A Place for Women in Waipio

Atomic Monkey

Ballotpedia Hawaii

Better Hawaii

Broken Trust

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Choice is an Illusion

Christian Home Educators of Maui

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

December 7 Battlefields at risk

DeedySupport.com

DefendOurKeiki.com

DVids Hawaii

Education Institute of Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Friends of Lanai

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

GoGoGMO!

Grassroot Institute

Habele.org

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 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-Israel Alignment

Hawaii Jihadi Trial

Hawaii Knights of Columbus

Hawaii March for Life

Hawaii Meth Project

Hawaii Open Budget

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

HawaiiReporter.com

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Senate Informer

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Votes

Hepsy's Kuleana

Heritage Foundation

HHUA

HI Coalition Against Legalized Gambling

HIEC.Coop

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu TEA Party

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus

House Republican Caucus YouTube

HPACC

Hump Day Report

Hunting, Farming and Fishing Assoc.

I Vote Hawaii

If Hawaii News

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

Kahua Group

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Kona TEA Party

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

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

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

No Hawaii Beverage Tax

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

ObamaCare Abortion Hawaii

OHA Lies

Ohana Policy Group

OpenHawaii.org

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Perry and Price Show

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

Senate Minority FB

SenatorFong.com

SIFE Remington

SIFE W. Oahu

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Stop SB2424

Tax Foundation of Hawaii

TEA Party Maui

TFB Micronesia

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

The Verifiable Truth

The Voice of Kapolei

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

United Veterans Hawaii

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Vote No 113

Waagey.org

WAPNFFS

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

YAL UH Hilo 

Yes2TMT


Maui TEA Party
Maui TEA Party