HAWAII: Marriage Equality Suit Fails

Yesterday a federal judge ruled against two women who sued the state over the inadequacy of Hawaii's civil unions law.

U.S. District Court Judge Alan C. Kay's ruling sides with Hawaii Health Director Loretta Fuddy and Hawaii Family Forum, a Christian group that was allowed to intervene in the case. "Accordingly, Hawaii's marriage laws are not unconstitutional," the ruling states. "Nationwide, citizens are engaged in a robust debate over this divisive social issue. If the traditional institution of marriage is to be reconstructed, as sought by the plaintiffs, it should be done by a democratically elected legislature or the people through a constitutional amendment," and not through the courts. The lawsuit by Natasha Jackson and Janin Kleid argues they need to be married in order to get certain federal benefits. Co-plaintiff Gary Bradley wants to marry his foreign national partner to help him change his immigration status. Their attorney, John D'Amato, said they will appeal.

The Hawaii Family Forum was represented by the Alliance Defense Fund who today is taking a victory lap on their blog.

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. Alliance Defending Freedom attorneys defended the law and the amendment on behalf of Hawaii Family Forum, which the court allowed to intervene in the case in April. “This ruling affirms that protecting and strengthening marriage as the union of one man and one woman is legitimate, reasonable, and good for society,” said Legal Counsel Dale Schowengerdt. “The people of Hawaii adopted a constitutional amendment to uphold marriage, and the court rightly concluded that the democratic process shouldn’t be short-circuited by judicial decree.”

Both Hawaii Gov. Neil Abercrombie and the state Attorney General had refused to defend against the suit.