TODAY: Hawaii Supreme Court Hears Challenge To Same-Sex Marriage Law

The Christianist crusade of Hawaii state Rep. Bob McDermott comes to a head today.

Hawaii's Supreme Court will be hearing oral arguments in a state Republican representative's lawsuit challenging the gay marriage law. While the Legislature was considering the bill last year, Rep. Bob McDermott tried to stop the state from issuing any marriage licenses to same-sex couples. The circuit court denied his motion for a temporary restraining order and preliminary injunction. McDermott appealed. McDermott's lawsuit says the Legislature didn't have authority to pass the law.

From the court's docket notice:

On appeal to this court, Respondents contend that the trial court erred in denying their motion for temporary restraining order and preliminary injunction, and in granting the Petitioners’ motion for summary judgment. Respondents argue, inter alia, that the Hawai`i Marriage Equality Act is unconstitutional because in 1998, the people of Hawai`i voted to amend article 1, section 23 of the Hawai`i Constitution to state that “the legislature shall have the power to reserve marriage to opposite-sex couples.” Respondents argue that the intent of this amendment was to constitutionally reserve marriage to opposite-sex couples, so the legislature was not authorized to pass the Hawai`i Marriage Equality Act. In response, Petitioners argue that article 1, section 23 allows the legislature to reserve marriage to opposite-sex couples, but does not require it to do so. Petitioners also argue that Respondents lacked standing to bring this lawsuit.

The hearing is set for 11AM local time. (Tipped by JMG reader Lulu)