HAWAII: State Supreme Court Rejects Challenge To 2013 Marriage Equality Law

Via the Honolulu Star-Advertiser:

The Hawaii Supreme Court has dismissed a legal challenge led by State Rep. Bob McDermott to the state’s Marriage Equality Act. Ruling that McDermott and other plaintiffs were not harmed or injured by the 2013 law, Supreme Court justices said they had no standing to challenge the law, according to a press release from the Attorney General’s Office. “The most important part of the Supreme Court’s ruling was its conclusion that the Legislature’s decision to extend the right to marry to same-sex couples did not, in any way, diminish the right to marry’ for the plaintiffs or anyone else,” said Attorney General Doug Chin, quoting the opinion.

You may recall that it was McDermott who led the so-called "people's filibuster" against the marriage bill during its debate in the state legislature.

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)

HAWAII: State Supreme Court To Hear Gay Marriage Appeal Brought By GOP Crackpot

Crackpot Hawaii GOP state Rep. Bob McDermott, who presided over the most vicious anti-gay marriage hearings we've seen (and we've seen a lot of them), has won his battle to bring the issue before the state Supreme Court even though same-sex marriage has been legal there for almost a year.

On Dec. 18, the state’s high court will hear oral arguments in the challenge brought by Rep. Bob McDermott, a Republican in the Hawaii Legislature. The basis of his case: Hawaii voters opposed same sex marriage in 1998 by a vote of 69.2 percent to 28.6 percent on a amendment that read: “The legislature shall have the power to reserve marriage to opposite-sex couples.”

Most voters believed they were reserving marriage to opposite-sex couples only in 1998, McDermott said, because the amendment clearly restricted the power of the Legislature on this issue, not expanded it. “The people spoke on this issue in 1998 in a clear voice. To ignore them is to disregard and disenfranchise their 1998 vote,” McDermott said. “I defy anyone to explain how those ballot instructions mean they can exercise the exact opposite of the will of the people regarding marriage. Who owns the government, politicians or the people?”

McDermott first filed a court challenge to the law while it was still being debated at the Legislature last November. “Some people fail to realize that we won on two of the three issues contested in the second hearing, as to standing and the language of the amendment, respectively,” McDermott said.

Over 1800 same-sex marriages have taken place in Hawaii since legalization in December 2013. (Tipped by JMG reader Ninja0980)

HAWAII: Crackpot Lawmaker Forces Sex Education Opt-In Choice For Parents

Hawaii state Rep. Bob "Crazy Eyes" McDermott has apparently finally won one of his many crackpot crusades.

Hawaii is making its sex education classes for middle school students opt-in, responding to critics by giving parents responsibility to affirm they want their children to be taught the course. The Department of Education said Friday that the shift from an opt-out policy is one of 12 changes the department is immediately making to improve curriculum review and help parents be part of the sexual education process. The changes come after objections to the program that debuted last year titled “Pono Choices,” which has been criticized by some state lawmakers and others. State Rep. Bob McDermott, a Republican who repeatedly said the curriculum wasn’t medically accurate and was a form of social engineering, said Friday the changes are a partial victory with the opt-in change plus changes to how genitals are described and inclusions about risks from anal sex.

McDermott, you will recall, was the leading legislative voice during Hawaii's vicious battle against same-sex marriage.

HAWAII: Crackpot GOP Lawmaker Works To Stop Gay-Inclusive Sex Education

Losing all those attempts to stop gay marriage wasn't the last we were going to hear from crackpot GOP Hawaii state Rep. Bob McDermott, who is now trying to get the state to yank a sex education program. Because it mentions homosexuality.

“The program normalizes a homosexual lifestyle and anal sex, while failing to warn students of the extreme dangers of anal sex; it references multiple sex partners, while failing to inform students about the health benefits of monogamy; it fails to warn students about the ineffectiveness of condoms against HPV, herpes, and anal sex; and fails to educate students on the stages of human reproduction,” McDermott said, providing Hawaii Reporter with an early copy of his report. “Any talk of anal sex — which the curriculum does frequently — is instinctively repulsive for pre-pubescent children. Additionally, calling the anus a genital — as Pono Choices does — is just plain medically wrong,” McDermott said.

Parents are currently allowed to opt their children out the program.

HAWAII: Crackpot Rep. Bob McDermott Loses Marriage Equality Challenge (Again)

Hawaii GOP state Rep. Bob McDermott was the undeniable crackpot star of his state's ugly "people's filibuster" against same-sex marriage. And yesterday a state court once again shot down his attempt to overturn the bill.

First Circuit Judge Karl Sakamoto ruled Wednesday that the Hawaii Marriage Equality Act of 2013 is constitutional under both the state and federal constitutions. Hawaii Attorney General David M. Louie issued a statement saying the ruling “unequivocally affirmed the right of people to marry the person they love without regard to gender.” “This is a very good day for the people of Hawaii,” Louie said. Following lengthy sessions, the bill was passed by the state Legislature and signed into law by Gov. Neil Abercrombie in November. A lawsuit challenging the move was filed by Rep. Bob McDermott, a Republican from Oahu, before the bill was even approved.

Unsurprisingly, McDermott plans to appeal.

Hawaii State Rep. Bob McDermott: I'm Not A Bigot, Homophobe, Or Hater

Yesterday Michelangelo Signorile interviewed Hawaii GOP state Rep. Bob McDermott, the anti-gay star of those horrible debates, who is still trying to use the courts to overturn the law. Hit the link for more from the interview.

HAWAII: Crackpot GOP State Rep Files Yet Another Court Challenge To Marriage

Hawaii state Rep. Bob "Crazy Eyes II" McDermott is trying again.

With Hawaii poised to start issuing same-sex marriage licenses Monday, state Rep. Bob McDermott has filed a new motion in state Circuit Court looking to invalidate the state's new law legalizing such marriages. The motion asks Judge Karl Sakamoto to reconsider the significance of Hawaii's 1998 constitutional amendment; McDermott argues that measure prevents the Legislature from expanding marriage to same-sex couples. "This is a serious issue, and we have case law and precedent on our side," McDermott said in a statement today announcing the motion. "We shall fully litigate this through the appeals process." A hearing on the motion is scheduled for Jan. 13, according to McDermott. The move comes after a Nov. 14 decision by Sakamoto refusing to issue a temporary restraining order sought by McDermott and a group of Christians looking to prevent the state from issuing licenses to gay couples. Sakamoto's ruling came the day after Gov. Neil Abercrombie signed the gay marriage bill into law.

HAWAII: Judge Smacks Down Christian Bid To Block Same-Sex Marriage

Via the Honolulu Star-Advertiser:

Circuit Court Judge Karl Sakamoto ruled today against same-sex marriage opponents and refused to issue a temporary restraining order to prevent the state from granting marriage licenses to gay couples starting on Dec. 2. After hearing arguments for about an hour, Sakamoto said that while the plaintiffs had standing to file their request for a TRO, the state Legislature has the power to define marriage in the state of Hawaii. He said regulating marriage was "long regarded as the province of the state. The marriage equity bill was signed into law Wednesday by Gov. Neil Abercrombie. Sakamoto heard the request by state Rep. Bob McDermott and a group of Christians for a TRO to prevent the state from issuing marriage licenses. In court documents filed Wednesday, the state opposed the request. Deputy Attorney General John Molay argued that McDermott and the others lack standing to bring the legal challenge because they have not demonstrated the potential for actual harm from same-sex marriage.

McDermott told the court that his "reputation and electability will suffer" because he told voters that the 1998 constitutional amendment would ban same-sex marriage. (Tipped by JMG reader Rob)

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)