Judge says he will hear challenge if Hawaii legalizes gay marriage
Star-Adv: Circuit Court Judge Karl Sakamoto today rejected a request by a state House Republican for a temporary restraining order to prevent Gov. Neil Abercrombie from signing a marriage equality law and the state from issuing marriage licenses to gay couples.
But Sakamoto said he would hear a challenge if the state Legislature passes and Abercrombie signs a law allowing gay marriage.
Sakamoto cited the unique context of a 1998 constitutional amendment that gave the Legislature the power to reserve marriage to heterosexual couples. The judge acknowledged that many voters might have thought at the time that the vote was narrowly meant to prohibit same-sex marriage, not give the Legislature the power to define marriage in other ways....
"We will be back the moment it is signed and challenge the constitutionality," McDermott said after the judge's ruling today.
McDermott said that what voters were told and what they thought they voted on in 1998 "trumps all the lawyer fancy footwork, and that's what we're going to try and get at."
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LA Times: Judge Will Clear his Calendar
KITV: Click here to watch the interview with Rep. Bob McDermott.
KITV: Click here to see the interview with Attorney General David Louie.
HR: Lawsuit fails to stop Hawaii legislature from passing gay marriage legislation
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News Release from Office of Rep Bob McDermott Nov 9, 2013
Rep. McDermott has released a letter transmitted to Governor Neil Abercrombie on Friday, November 8th, notifying the Governor that should he sign SB1HD1 into law that it will immediately be challenged on constitutional grounds. McDermott has maintained that Article 1, Section 23 of the Hawaii State Constitution conflicts with, and has priority over, the current actions of the Governor and the State Legislature in this special session to pass a same-sex marriage law.
LINK: PDF OF LETTER
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From Hawaii Christian Coalition
Attorney John R. Dwyer and Attorney Robert Matsumoto have been instrumental in the lawsuit of Rep. Bob McDermott, Pastor William Kumia, David Langdon, and myself Garret Hashimoto in our attempt to file a lawsuit and TRO against the Special Session. Without going into too many details, our Attorneys have been literally working around the clock for us and the People of Hawaii opposed to same-sex marriage in Hawaii.
We really need to support their efforts financially as this lawsuit may be very important in stopping the crazy shenanigans by the Governor. Won't you please help us by contributing to our Attorneys fund. Please send checks made payable to: Dwyer, Schraff, Meyer and mail to:
900 Fourth St. Mall
1800 Pioneer Plaza
Honolulu, HI 96813
Help us to save our children and grandchildren,
State Chairman, Hawaii Christian Coalition
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FULL TEXT -- Lawsuit: Hawaii Constitution Forbids Legislature from Creating Gay Marriage
2011: Abercrombie, Legislature Say: “The People Choose on Marriage”
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MATSUNAGA, McCARTNEY, CHUMBLEY…AND YOU!
IN 1998, 69.2% OF VOTERS PASSED THIS CONSTITUTIONAL AMENDMENT:
"The legislature shall have the power to reserve marriage to opposite-sex couples."
BEFORE THE ELECTION, THE STATE OF HAWAI'I OFFICE OF ELECTIONS PUBLISHED GUIDANCE TELLING US WHAT A "YES" VOTE MEANT:
"THE 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 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 couples."
THREE OF OUR TOP SENATE LEADERS FROM THAT DAY UNDERSTOOD EXACTLY WHAT THE PEOPLE UNDERSTOOD.
QUOTES FROM THE SENATE JOURNAL:
...from Senator Matt Matsunaga, Co-Chair of the Judiciary Committee:
"Essentially, it accomplishes what we sought to achieve this year. That is, marriage licenses will be limited to opposite-sex couples. But coupled with the passage of HB118, non-traditional couples will be provided with access to substantially similar economic marital rights and benefits."
...from Senator Avery Chumbley, Co-Chair of the Judiciary Committee:
"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 to couples of the opposite sex. The courts are not insulted, equal protections are not conditioned nor religious or social dogma is adopted. Instead, an affirmative expression of our understanding of marriage is incorporated in the supreme law of the land."
...and, from Senator Mike McCartney, Senate Majority Leader:
"Our compromise package gives us the legal and constitutional ability to limit marriage to man and woman and insures that those who cannot be married under the law are afforded certain rights and benefits.”
BUT GOVERNOR ABERCROMBIE'S BLATANTLY DISHONEST WEBSITE EXPLAINS AWAY ALL OF THIS BY STATING THAT:
"The electorate’s purpose in amending the constitution in this manner was to give the Legislature the power and discretion to amend the law to provide for marriage equity."
IT IS TIME FOR OUR LEADERS TO SPEAK TRUTH, GIVE US A CLEAN, CLEAR AMENDMENT TO CONSIDER AND LET THE PEOPLE DECIDE ON MARRIAGE!