Posted by AzBlueMeanie:
News Release from Hawaii House of Representatives November 8, 2013 Hawai`i Free Press:
The state House of Representatives voted late Friday to pass SB1 HD1, relating to equal rights, on third reading.
The measure was approved by a vote of 30 to 19, with two members excused.
The House draft includes amendments, modeled after similar language in Connecticut law, significantly broadening exemptions for religious organizations and clergy performing solemnization.
Religious organizations and affiliated nonprofits would be exempted from having to furnish goods, services, or its facilities or grounds for the solemnization or the celebration of solemnizations if it is in violation of its religious beliefs or faith.
It also specifies that clergy and religious officers are not required to solemnize if it is against their religious beliefs or faith.
The measure also grants immunity from administrative, civil and legal liability to religious organizations and officials for the failure or refusal to provide services, goods, or facilities as described.
The issue was discussed in House committee hearings spanning five days and nearly 57 hours of public testimony. There were 5,184 registered testifiers, with over 1,000 people testifying, and nearly 24,400 written testimonies submitted.
As far as House members could recall, the public hearing on SB1 was the longest hearing on a single bill in the modern history of the Hawaii House of Representatives.
Based on concerns and issues raised during the public hearing the bill was amended to expand the religious exemptions for churches and religious organizations that do not want to solemnize same gender marriages.
The bill is now transmitted to the Hawaii State Senate for their consideration. Upon approval of the changes by the Senate, the bill will be transmitted to the governor for his signature into law.
If the Senate rejects the amendments, the bill will go into conference committee.
The Senate is scheduled to convene Tuesday, Nov. 12, to vote on the amended House bill.
Governor’s Statement
The state House of Representatives voted tonight to pass SB1 HD1 Relating to Equal Rights.
Gov. Neil Abercrombie stated:
“I commend the House of Representatives for taking this historic vote to move justice and equality forward.
“After more than 50 hours of public testimony from thousands of testifiers on both sides of the issue, evaluating dozens of amendments, and deliberating procedures through hours of floor debates, the House passed this significant bill, which directly creates a balance between marriage equity for same-sex couples and protects our First Amendment freedoms for religious organizations.
“I applaud Speaker Souki, Judiciary Chair Rhoads, Finance Chair Luke, Majority Leader Saiki and the rest of the leadership team for their patience, fairness and hard work in shepherding this bill through the House.
“I am confident that the Senate will address the bill in the same spirit. I look forward to a successful conclusion to this major step in affirming everyone’s civil rights.”
More information on the bill is available on the Capitol website at: SB1HD1 Text, Status.
Opponents of marriage equality have vowed to continue their opposition in court. Hawaii House passes same-sex marriage bill:
Hawaii allows civil unions for same-sex couples.
A group of people opposed to same-sex marriage had sought a temporary restraining order to block Abercrombie from signing any such measure passed by the Legislature, but Hawaii Circuit Court Judge Karl Sakamoto ruled Thursday that the action would be premature.
But the judge has said he is willing to hear the case at a later date, said attorney Jack Dwyer, who represents the group.
The plaintiffs contend that a 1998 state constitutional amendment prohibits the Legislature from allowing same-sex marriage, and they want to prevent any government official from issuing a marriage license until the question of constitutionality is decided.
State Atty. Gen. David Louie said the Legislature had the authority to approve same-sex marriage regardless of the amendment.
It is not clear from the reporting how this new lawsuit may be affected by the state of Hawaii's position in the same-sex marriage appeal currently pending in the Ninth Cirtcuit Court of Appeals, Jackson v. Abercrombie. Gov. Neil Abercrombie previously said that passage of gay marriage would help resolve the lawsuit and put Hawaii in line with Supreme Court rulings. FindLaw reported, Nev. Same-Sex Marriage Briefs Filed; Hawaii Lawmakers to Meet Monday:
As we reported earlier, the legal battle in Hawaii's consolidated case was delayed for approximately one month in order to accommodate the state's upcoming special legislative session, set to commence Monday.
Should the legislature fail to exercise its power to recognize same sex marriages, opening briefs are due to the Ninth Circuit [in the case of Jackson v. Abercrombie] by late November. If they vote in favor of recognition, the case would likely be dismissed as moot.
It would appear Hawaii could take the same position that the state of California did in declining to defend Prop. 8 in court. Opponents of marriage equality would have issues of standing and an actual case and controversy. They are not in a favorable legal position in light of recent court decisions.
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