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)

LIVE VIDEO: Ninth Circuit Hears Marriage Cases From Nevada, Idaho, & Hawaii

Today's oral arguments before the Ninth Circuit Court of Appeals begin at 1PM local time in San Francisco. The court has wisely decided to stream the proceedings over YouTube, which should provide for relatively glitch-free viewing. Follow along at the Twitter hashtag #9thCircuit.

Matt Baume: Marriage News Watch

Clip recap:

A massive victory for equality in Wisconsin and Indiana, with one of the most strongly-worded decisions yet. A judge in Louisiana has ruled against marriage equality, but there are some problems with his ruling. There are major oral arguments this week in multiple states, and more cases move closer to consideration by the US Supreme Court.

TODAY: Ninth Circuit Court Hears Marriage Equality Cases From HI, NV, & ID

Today's the big day in San Francisco:

On September 8, 2014, the United States Court of Appeals for the Ninth Circuit will hear oral arguments in the Hawaii, Idaho and Nevada gay marriage cases. The arguments will begin at 1 p.m. in Courtroom One of the James R. Browning U.S. Courthouse, 95 7th St., San Francisco. The court strongly encourages interested persons to use the Internet to watch the oral arguments via live video streaming from the courtroom. To access the stream, visit the court website – www.ca9.uscourts.gov – and click on the link under the beige-colored bar labeled “Live Oral Arguments.” Streaming will commence a few minutes prior to the start of the proceedings.

I'll re-post this live stream link again at 3:30PM NYC time.

Tony Perkins Mocks Abercrombie Loss

"Back in November of 2013, Hawaii Gov. Neil Abercrombie called a special session to legalize same-sex 'marriage, instead of giving voters a voice. Rather than put the issue on the ballot, as thousands of people asked for, he fast-tracked the bill through the legislature. Unfortunately for Abercrombie, he may have stopped Hawaiians from voting on marriage, but he couldn't stop them from voting in the primary. And that's where most of the state had the say they'd been waiting for. For the first time in Hawaii's history, a Democratic Governor was unseated in the primary. And handily. Abercrombie lost by a landslide, conceding a massive 2-1 margin to his opponent, despite outspending him 10-1. This weekend, he blamed the disaster on his decision to redefine marriage. Of course, the media would have you believe that the debate over marriage is over. But the next time you're tempted to believe them, ask Neil Abercrombie how 'over' the discussion really is. Thanks to this election, he'll have plenty of time to answer." - Hate group leader Tony Perkins, via press release.

Ninth Circuit Court Reveals Judge Panel For Nevada, Idaho, & Hawaii Cases

Equality Case Files adds: "Reinhardt wrote majority in Prop 8 case and SmithKline (latter held sexual orientation must withstand heightened scrutiny). Berzon joined Reinhardt in SmithKline. Gould wrote majority in Witt v. Air Force." Arguments in the three cases begin at 4PM in San Francisco on next Monday.

Matt Baume: Marriage News Watch

Clip recap:

Anti-gay attorneys took a beating before the Seventh Circuit last week, trying and failing to defend marriage bans before a panel of hostile judges. Now all eyes are on the Supreme Court to see which cases they'll take up in their fall session. There's another major marriage argument coming up in a few days. And the National Organization for Marriage still isn't giving up in Oregon, despite having lost months ago.

HAWAII: Gov. Neil Abercrombie Blames Primary Loss On Same-Sex Marriage

Hawaii Gov. Neil Abercrombie yesterday declared that he lost this month's reelection primary because he had called a special legislative session on same-sex marriage.

Republicans are allowed to vote for Democrats in Hawaii's open primary, and Abercrombie said they chose to vote against him because of his support for gay marriage and because they think his party rival, state Sen. David Ige, is an easier target to beat in the general election. "Republicans crossed over en masse to vote in the Democratic primary, and then the religious factor came in," Abercrombie said. "Doctrinally I was outside the circle and paid for it." He argued that voters were urged to choose his opponent by their religious leaders. Abercrombie, who spoke to reporters in his office, lost to Ige by a stunning 2-1 margin, the first time a Democratic governor has been unseated in a Hawaii primary. But Abercrombie said losing was worth it to pass a law legalizing gay marriage. "There's no way I could live with myself if I thought I was diminishing another human being's ability to reach their full capacity," Abercrombie said.

Those who watched night after night of those public comments during the Hawaii House committee hearings will remember them as the ugliest we've ever seen. And that is really saying something.

NEXT MONDAY: Ninth Circuit Court To Hear Marriage Cases From NV, ID, & HI

Via press release from NCLR:

On September 8th the Court will hear oral arguments beginning at 1 p.m. Pacific at the James R Browning US Courthouse, 95 7th Street, San Francisco, to laws banning marriage equality in Idaho, Nevada, and Hawaii. The National Center for Lesbian Rights (NCLR) and Boise, Idaho attorneys Deborah A. Ferguson and Craig Durham of Ferguson Durham LLP represent four same-sex couples challenging Idaho laws banning marriage equality. Lambda Legal and the law firms of O’Melveny & Myers LLP and Snell & Wilmer LLP represent eight same-sex couples challenging Nevada laws banning marriage. There will be media availability for the legal teams and plaintiffs after arguments. Since the Supreme Court’s June 2013 decision striking down the Defense of Marriage Act, the Seventh, Sixth, Tenth, and Fourth Circuits have heard oral arguments in marriage equality cases. The Tenth Circuit issued rulings on June 25th and July 17th in cases from Utah and Oklahoma. The Fourth Circuit issued a ruling on July 28th in a case from Virginia. All three decisions held that same-sex couples have a fundamental right to marry.

That's a 4PM start for east coasters, so we'll go into the evening here with live tweets, analysis and video as it becomes available.

Matt Baume: Marriage News Watch

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: Catholic Diocese Schools Get New Employment Contract That Mandates The Firing Of Gay Teachers

Hawaii Civil Beat reports:

The Hawaii Catholic schools office, which supervises three dozen Roman Catholic private schools in the state, has just approved a new contract that says teachers can be fired if they engage in homosexual activity or marry someone of the same sex. The contract goes on to list a wide array of actions and behaviors that would justify termination. Among the other acts that could justify firing, according to the contract, are abortion, in vitro fertilization or "unmarried cohabitation." “The school expressly reserves the right to terminate the employment of any Teacher, who by word or example, denies the teachings or authority of the Church, or whose personal life or conduct is, based on Catholic teaching, immoral,” says a portion of the contract that was obtained by Civil Beat.

All full and part-time teachers must sign the contract, which goes into effect this fall. You may recall that during Hawaii's bitter same-sex marriage battle, Honolulu Bishop Larry Silva claimed that legalizing gay marriage would lead to children killing themselves.

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: Christian Group To Testify Against Student Anti-Discrimination Bill

Hawaii Family Advocates, one of the hate groups that helped organize that state's now-infamous "citizens' filibuster" against same-sex marriage, is once again rallying their troops. Tomorrow the group's supporters plan to descend upon a Hawaii House hearing on a student anti-discrimination bill.

From the text of the bill:

[[]§302A-1001[]] Student bias. No person in the State, on the basis of sex, race, religion, or sexual orientation shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational or recreational program or activity receiving state or county financial assistance or utilizing state or county facilities.

Hawaii Family Advocates writes:

Using this broad language, any church or religious organization holding services at a state or county facility (such as a public school cafeteria or auditorium) could not deny services or benefits associated with their organization. This could include participation in services, membership to the religious organization or even the sanctioning of a same-sex marriage. Any religious organization not in compliance with HB744 would be subject to an “action”. Due to the vague language, the arbiter of this action would be the Hawaii Civil Rights Commission whose actions continue to erode religious freedoms. Any choice between a person’s religious beliefs and a place to worship is no choice at all.

The bill is supported by the ACLU.

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.

The Flag Of Equal Marriage

Source.

HAWAII: Gay Weddings Commence

Same-sex marriage became legal in Hawaii at midnight last night, about four hours ago at this writing.  And the weddings have already begun.

Six couples at a Waikiki resort tied the knot early Monday, exchanging vows side-by-side with one another in front of a few hundred guests shortly after midnight, while even more couples watched and waited their turn. Across town, an openly gay Unitarian minister wed his partner of 15 years in a ceremony attended by clergy who pushed for the new law, plus Gov. Neil Abercrombie, who called the special legislative session that led to the law. "One hundred percent tuned (out) everything else but her," Saralyn Morales said moments after cutting a small wedding cake after marrying her partner, Isajah Morales. "It's about making that commitment to the person that I want to spend the rest of my life with." Hawaii's marriage laws allow couples to register for a license and be married the same day, a process conducive for tourists only in the state a short time. Couples can sign up for a license online, then be verified by any license agent throughout the state. Agents have set up shop throughout the islands, from resorts on Maui and the Big Island to hard-to-reach places on Kauai.

As noted in today's clip from Matt Baume, still pending is the latest court challenge from wingnut state legislator Bob McDermott.