Constitutional Law

No Aloha in Hawaii for LGBT Families: Hawaii Governor's Veto of Civil Unions Bill an Affront to All

By Laurie Temple, ACLU of Hawaii

In Hawaii, one is said to have aloha or to show aloha if they treat others with love, mercy, compassion and peace. Sadly, the aloha spirit was lost on Tuesday, July 6, 2010, when, in a blow to LGBT families and civil rights supporters, Hawaii's governor Linda Lingle vetoed House Bill 444 ("H.B. 444"), the civil unions bill. While offering substantially less than marriage, H.B. 444 would have allowed both same and different sex couples to enter into a civil union and receive the rights, responsibilities, benefits and protections that Hawaii law provides to married couples. Gov. Lingle's veto of HB 444 continues to leave Hawaii's LGBT families vulnerable — without the basic rights and responsibilities necessary to protect and strengthen their families.

Gov. Lingle's reasoning for vetoing the bill is indefensible. Calling civil unions "marriage by another name" (as if anyone would trade their marriage for a civil union), she described the issue as too emotional and important to be decided solely by the governor or the state legislature, and one that should be put to a vote. Yet, Hawaii's people already voted on this issue back in 1998. At that time it looked like Hawaii's courts might decide that it was unconstitutional for the state to deny same-sex couples the ability to marry, so the voters approved an amendment that stripped the courts of the ability to decide the issue of marriage, giving the power instead to the legislature (not the governor) to decide what protections and recognition to provide same-sex couples.

Make no mistake: the ACLU opposed the amendment because we believe that if the Constitution's guarantee of equality is to have meaning, then the rights of minorities should never be held at the mercy of the majority. But it is especially shameful that Gov. Lingle, who has taken an oath to protect and defend everyone's constitutional rights, is now calling for a second vote on an issue that has already been decided by the people of Hawaii. There is only one person to blame for the harm that will come to families of same-sex couples who being denied critical legal protections, and that is Gov. Lingle, who has defied both the legislature and the wishes of the people.

But never fear…the ACLU is here! While the governor may wish to sidestep this civil rights issue, the ACLU of Hawaii and its many community allies remain undaunted in the fight to achieve equality. For over a year, the ACLU of Hawaii, Lambda Legal and the law firm of Alston Hunt Floyd & Ing have been working to ready a lawsuit to challenge Hawaii's failure to ensure equal treatment for LGBT families in the event that the legislative process failed to do so. Unfortunately, that day has come. Hawaii's families are ready to take the next step towards equality — up the courthouse stairs. Imua!

Full post as published by Blog of Rights on July 09, 2010 (boomark / email).