from Hawaii Family Forum, April 19, 2024

Hawaii's Legislature Seeks to Change Constitution to Protect Same-Sex Marriage

The Governor has a bill (HB 2802) on his desk to reverse the constitutional amendment that was passed in 1998 that gave the legislature the "right to reserve marriage to opposite-sex couples." Since the overturn of Roe, many state leaders are concerned that the same thing could happen to marriage should SCOTUS reverse Obergefell (the decision that the fundamental right to marry includes same-sex couples.)  

If the Governor signs the bill into law (highly expected), all voters will be asked this question on the ballot in November: 
"Shall the state constitution be amended to repeal the legislature's authority to reserve marriage to opposite-sex couples?"

A yes vote on the amendment repeals Article 1, Section 23 entirely and removes the legislature’s ability to restrict and deny the right to marry for same-sex couples.

A no vote will continue to allow the legislature via Article 1, Section 23 (should they choose to do so if the marriage decision is overturned somehow by SCOTUS) to reserve marriage to opposite-sex couples.

A blank vote will count as a no vote.

FINAL READING VOTES ON THE BILL IN BOTH CHAMBERS:
HOUSE:  Representative(s) Alcos, Garcia, Kong, Matsumoto, Pierick, and Ward voted NO SENATE: Senator Fevella voted no.

"Unhindered" Access to Contraceptives

A Resolution Urging retail stores and pharmacies doing business in the state to adopt a policy on a national and local level guaranteeing an individual's unhindered access to all United States Food and Drug Administration-approved contraceptives.

HCR5 was heard on April 17, 2024, by HHS/CPN, and thankfully, the resolution was deferred. If it had passed, it would have also gone to the Senate for adoption.

The House-only version was adopted on April 4, 2024.  You can read HR1 at this link.

Bills Moving into Conference Committee (Disagreement)

SB2487 Exempts drug paraphernalia for marijuana from specific penalties under the Uniform Controlled Substances Act. Lowers the penalties for the possession and transfer without remuneration of particular amounts of marijuana, marijuana concentrate, and marijuana-infused products. It makes smoking marijuana in a public place a violation under the offense of promoting a detrimental drug in the third degree.  (HD1). 
View Hawaii Family Forum Talking Points on this Bill Here

STATUS: The bill has been assigned to Senate Conferees  Rhoads, Elefante, and Awa.  The House will assign members soon.  

SB3125 Authorizes minors who are at least fourteen years old to consent to medical care and services for sexually transmitted infections, pregnancy, and family planning services, including the prevention of sexually transmitted infections. Requires confidentiality policies and practices for insurers and health care providers. Effective 1/1/2025. (HD2)
STATUS: We are currently awaiting members from the House and Senate to be assigned to the conference committee.

Upcoming Legislative Deadline

APR 22 SECOND CROSSOVER FOR CONCURRENT RESOLUTIONS – Deadline for passing amended concurrent resolutions in the non-originating chamber in order to “cross back” to the originating chamber. 

APR 22 FINAL DECKING BUDGET BILL – Deadline to file budget bill to deck for Final Reading. 

APR 25 FINAL DECKING OF NON-FISCAL BILLS – Deadline for submitting non-fiscal bills for final reading by both chambers. 

APR 26 FINAL DECKING OF FISCAL BILLS – Deadline for submitting fiscal bills for final reading by both chambers. Fiscal bills include appropriation or spending bills, tax credits, etc., or any bill with a House Finance or Senate Ways and Means referral. 

MAY 3 ADJOURNMENT SINE DIE – In Latin, “sine die” means “without a day specified for future meeting.” Adjournment sine die occurs on the 60th legislative day of a Regular Session and indicates a suspension of the business of the legislature indefinitely. Next, the Legislature will certify the bills whose form both chambers have agreed to and will transmit or “enroll” those bills to the Governor. Contact PAR for information regarding the Governor's deadlines.

Catch Up on the Faith and Family First Podcast

The current episode includes a discussion on the squatting phenomena and how it affects Hawaii law.  Or does it?