HAWAII: Hearing Set For Christian Attempt To Keep Gov. Abercrombie From Signing Marriage Equality Bill

On Thursday a Hawaii court will hear the lawsuit brought by an anti-gay coalition that includes a Christian hate group and GOP Hawaii state Rep. Bob "Crazy Eyes II" McDermott. The suit demands that a restraining order be put upon Gov. Neil Abercrombie to block him from signing the marriage equality bill.

McDermott and others argue that a 1998 constitutional amendment gave the Legislature the power to define marriage as between a man and a woman, so if the Legislature wants to change that, another constitutional amendment would have to go before voters. "It's clear that the Legislature chose to do exactly what the people told them in the Constitution it should do," said Jack Dwyer, an attorney representing McDermott and the others. "And if the Legislature wants to do anything else, it better go back to the people and let them vote."

Attorney General David Louie has said that the Legislature has clear authority to approve a marriage equality bill. The 1998 amendment was in response to a 1993 state Supreme Court ruling which held that denying gay couples marriage licenses was a violation of equal protection, essentially shifting the power to define marriage from the courts to the Legislature. A spokeswoman said Saturday that Louie considers the legal challenge "completely without merit" because it would encroach on legislative and executive powers. Along with Abercrombie, the suit names key House and Senate leaders.

The lawsuit claims gay marriage will be "a hammer in the hands of activists to force the practice of homosexuality and other behaviors, such as cross-dressing and transsexuality, as norms in Hawaiian society and appropriate behavior." (Tipped by JMG reader Joshua)