NOM BLOG

Category Archives: Hawaii

We're Told These Things Will Never Happen: But They Already Do!

Hawaii's First Circuit Court has ruled in favor of a lesbian couple against the owner of the Aloha Bed & Breakfast, alleging that the religious owner "discriminated" against the couple for not renting them a room.

The Blaze reports the Bed & Breakfast owner's attorney, Jim Hochberg, saying that "[t]he public needs to be aware of this decision because it has far-reaching consequences," and because it ignores the owner's First Amendment rights.

Of course, while lawsuits such as this are becoming ever more frequent, yet still same-sex marriage activists claim redefining marriage will have no impact on anyone's religious freedom or basic rights.

But they know as well as we do that cases such as this one are only more frequent and harder to fight against where marriage is redefined.

Victory for Marriage Supporters in Hawaii!

Thank you, all of you, for taking action! We've scored another victory for marriage:

"The [Hawaii] state House Judiciary Committee has decided not to schedule a hearing for a bill that would legalize gay marriage, which means the issue is likely tabled for this legislative session.

State Rep. Karl Rhoads, chairman of the House Judiciary Committee, said that after polling his colleagues he determined there was not the political will for a gay-marriage bill this session." (Star Advertiser)

Please take a moment and contact your representatives to thank them for standing strong for marriage!

URGENT: Action Needed to Stop Same-Sex Marriage in Hawaii!

National Organization for Marriage

Dear Marriage Supporter,

We urgently need your help to stop same-sex marriage in Hawaii.

Twenty years ago, an out-of-control judge first tried to force same-sex marriage on Hawaii, launching our nation's ongoing debate about marriage. But thanks to a dedicated band of pro-family heroes, his ruling was not the final word!

It's a story we've seen play out time and time again in state after state...activist judges and politicians influenced by same-sex marriage lobbyist money try to force same-sex marriage on the people — only to run into a grassroots revolt from voters who know that marriage means a husband and wife joined together for the benefit of not only their own children, but all of society.

Today the need is perhaps even greater. Fresh off electoral victories in November, gay marriage activists are pressing hard to pass a same-sex marriage bill in Hawaii this year — even though Hawaii's civil unions law went into effect just a year ago.

It is critical that we step up today. Polling has shown that the people of Hawaii don't want same-sex marriage. But the pressure on politicians — from out-of-state activists and lobbyists flown in by the Human Rights Campaign all the way to President Obama himself — is growing intense.

Your legislators need to hear from hundreds or even thousands of their constituents right away!

That's why I am asking you to do two things immediately:

  1. Contact your state senator and representative today! Use this link to send an email to your elected officials.

  2. Or — better still — click here to look up their phone numbers and make a personal phone call to tell your senator and representative: Oppose Senate Bill 1369!

    Please take action right now. It only takes a minute to send your lawmakers a message, and it is vitally important that they hear your voice right away.

  3. Forward this email to friends and family throughout the state, or use the buttons below to share on Facebook and Twitter. It's going to take thousands of Hawaiians working together to protect marriage and freedom in the Aloha State. Help spread the word today!

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I know that I can count on you to stand up for marriage today!

Bloomberg: SSM Backers Remain Focused on States Where People Can't Have a Say

More evidence that despite what happened in these past elections, gay marriage backers still don't trust their ability to win state elections:

Gay-marriage advocates, coming off their first ballot-box victories, are targeting New Jersey and five other U.S. states where the road to legalization is simpler because voters can’t overturn laws through referendums.

In Delaware, Hawaii, Illinois, Minnesota, New Jersey and Rhode Island, lawmakers plan to consider or revisit the issue next year, and all except Minnesota already allow civil unions. Even though they prevailed in votes in four states Nov. 6 after a decade of defeats, backers say they prefer to make homosexual weddings legal through legislatures or courts. -- Bloomberg BusinessWeek

Ed Whelan on Hawaii Judge Finding No Right to Same-Sex Marriage

Legal expert Ed Whelan comments on the good news for marriage out of Hawaii:

Via William Duncan at the Corner, I’ve learned of this strong and sound ruling yesterday in Hawaii by senior federal district judge Alan C. Kay holding that there is no federal constitutional right to same-sex marriage. Judge Kay determines (slip op. at 35-43) that the claim for such a right is foreclosed by the Supreme Court’s 1972 decision in Baker v. Nelson. Alternatively, properly applying rational-basis review and judicial restraint, he finds that such claim fails on the merits.

Because the proper exercise of rational-basis review has been so rare of late in the marriage context, I’m going to briefly outline Judge Kay’s reasoning... [continue reading]

U.S. District Court in Hawaii Upholds State's Marriage Law

Alliance Defending Freedom scores another important legal victory for marriage:

"A federal court Wednesday upheld Hawaii’s definition of marriage as one man and one woman. The court rejected a lawsuit that sought to tear down the state’s law defining marriage as the union of one man and one woman and Hawaii’s constitutional amendment that gives the legislature the power to maintain the timeless definition.

...In its order in Jackson v. Abercrombie, the U.S. District Court for the District of Hawaii concluded, “Throughout history and societies, marriage has been connected with procreation and childrearing…. It follows that it is not beyond rational speculation to conclude that fundamentally altering the definition of marriage to include same-sex unions might result in undermining the societal understanding of the link between marriage, procreation, and family structure.”

“In this situation,” the court continued, “to suddenly constitutionalize the issue of same-sex marriage ‘would short-circuit’ the legislative actions that have been taking place in Hawaii…. Accordingly, because Hawaii’s marriage laws are rationally related to legitimate government interests, they do not violate the federal Constitution.”

Judge Allows Pro-Marriage Group to Intervene in Hawaii Lawsuit

Local KHON2:

A federal judge ruled that supporters of Hawaii's current marriage law can participate in a federal lawsuit.

The Hawaii Family forum will be allowed to present evidence as "interveners" in the suit.

In December a same-sex couple sued the state claiming they are being denied their constitutional right to marry, because civil unions are not the same.

In court filings, Governor Abercrombie agrees that the laws violate the constitution, while his health director plans to defend the same-sex marriage ban.

Hawaii Governor Refuses to Defend State Laws Protecting Marriage

CitizenLink explains how respect for the rule of law is also a casualty of the push for gay marriage under any means necessary:

On Thursday, the Alliance Defense Fund (ADF) filed a brief asking permission to officially defend a Hawaii constitutional amendment on marriage and a state law defining marriage as the union of one man and one woman.

Gov. Neil Abercrombie has declared publicly that since he supports same-sex marriage, his administration won’t defend the law or the state constitution. Three people filed a lawsuit in January seeking to strike down the marriage-definition amendment, as well as another Hawaii law allowing homosexuals to enter into civil unions. According to the lawsuit, Jackson v. Abercrombie, civil unions granting same-sex couples all the rights and privileges of marriage aren’t enough.

Now, ADF — which represents the Hawaii Family Forum — is hoping for another court victory. The group was part of a team that was given the right to defend California’s marriage amendment, Prop. 8, when the state refused to do so.

Baptist Press: Religious Liberty Takes Hit in New Gay Marriage Lawsuits

The Baptist Press:

A series of lawsuits and a new court ruling are fresh examples of how laws granting marriage benefits to gay couples can end up squashing religious liberty, says a Christian attorney involved in one of the cases.

All four cases involve states with gay "marriage" or same-sex civil unions laws: Illinois, Vermont, Hawaii and New Jersey. In Vermont and Illinois, bed and breakfast owners were sued for declining to host a same-sex ceremony or reception, and in Hawaii, a bed and breakfast owner was sued after turning away a lesbian couple who wanted to make a reservation.

In New Jersey, a state judge ruled Jan. 12 that a Christian beachfront property operated by United Methodists violated state non-discrimination laws when it refused to host a lesbian couple's civil union ceremony.

Jim Campbell, an attorney with the Alliance Defense Fund -- which is representing the Methodist group -- said the cases prove that there is harm to religious liberty when states legalize gay "marriage" or civil unions or pass broad legislation incorporating sexual orientation into non-discrimination laws.

"When people hear that their legislature is considering a law like this and they think, 'What's the harm?' they need to realize that there is this direct threat to religious liberty -- to business owners, employees, religious entities and people who attend all those religious entities," Campbell told Baptist Press. "These four cases are a good demonstration of that. People who are concerned about religious liberty should be concerned about these legal developments."

ADF Video: Same-Sex Couple Challenge Religious Freedom of Hawaiian B&B Owners

Alliance Defense Fund Attorney Dale Schowengerdt discusses a case we've been watching in Hawaii:

Hawaiian Democrat Candidate: Obama Shares My Opposition to SSM

Honolulu Civil Beat:

Former Honolulu Mayor Mufi Hannemann is in the minority of 2nd Congressional District candidates when it comes to his views on same-sex marriage.

While most of the candidates in that race told Civil Beat that they believe same-sex marriage should be legal, Hannemann says that "marriage is between a man and a woman."

As a Democrat, Hannemann likely realizes how divisive his stance may be among some voters in his party. In Hannemann's recent response to a Civil Beat survey, he made sure to point out that he's not the only Democrat who doesn't support same-sex marriage.

"I do not support same-sex marriage as I believe that

Federal District Judge Forces Hawaii Churches to Accommodate Same-Sex Civil Unions

OneNewsNow:

A court in Hawaii has refused to exempt churches from being forced to allow their property to be used for civil union ceremonies.

The Emmanuel Temple and the Lighthouse Outreach Center Assembly of God requested a restraining order to block a law that permits same-sex couples to enter civil unions. It exempts clergy from performing the ceremonies, which are the equivalent of marriage, but there is no provision to protect church property. They argued that they would face civil penalties and fines if they refused to rent their property for same-sex civil unions, but U.S. District Judge Michael Seabright denied the request.

Matt Barber of Liberty Counsel Action tells OneNewsNow that creates a clear conflict between government and the free exercise of religion.

Matt Barber"There is no exemption for religious institutions, for churches, houses of worship from being subject to fines and to sanctions as provided in the legislation for refusing to allow their houses of worship to be desecrated through the use of a so-called 'civil union' ceremony," he explains.

Hawaiian Couple in Court Seeking Federal Constitutional Right to Marry

Hawaii News Now:

A local couple is suing the state in order to get marriage rights. They say a civil union is not enough and they plan to fight the constitutional amendment banning same sex marriage.

In 1998 State voters passed a constitutional amendment keeping marriage between a man and a woman.

... The state recently emerged from a long debate over civil unions. That law goes into effect in January. But that's not good enough for the couple.

... Their attorney John D'Amato argues the state law reserving marriage to only heterosexual couples is discriminatory and violates the 14th amendment. He says it would not require another constitutional amendment to change the law.

... The couple filed the lawsuit in district court yesterday. Their first court appearance won't be until March.

After HI civil unions passes, activist admits schools are next

From the Honolulu Star Advertiser:

In response to opponents who are worried that same-sex lifestyles would be taught to public school students with no option for parents to remove their child, Earhart [President of Dignity USA-Honolulu] said homosexuality should be part of sex education because some don't see where they fit into a largely heterosexual society.

"It's not going to be one or the other. Now there's only heterosexual relationships (taught). At least 10 percent of us are being left out. It's making us feel bad because it leaves us out of the equation." [source]

ElectionWatch 2010: Hawaii Poll Shocker: Pro-Marriage Djou Leads Pro-SSM Hanabusa by 4 points

When NOM helped elect Republican Charles Djou in a three-way special election earlier this year, it was supposed to be merely a temporary victory.  In this Democratic district, the pundits said Djou would stand no chance of winning the general election.  But the latest poll shows pro-marriage Charles Djou 4 points up against pro-gay marriage Colleen Hanabusa.  Could an upset be in the making?