HRC Blog

Time for Some Aloha Healing - And Next Steps

This update on civil unions in Hawaii comes from HRC's organizer Adrian Matanza: Lei Making 006This weekend, after the Hawaii state House of Representatives voted to postpone the civil unions bill indefinitely, Tony and I gathered with board members of Equality Hawaii, retired Supreme Court Justice Steven Levinson -- who helped decide Baehr v. Lewin (the Hawaii Supreme Court case that some credit to having started the marriage equality movement) -- his wife Cathy, and volunteers and supporters of civil unions for some time to heal and to comfort each other after Friday's decision. We started off the day learning to make leis.  Brad Lum, a former board member of Equality Hawaii gave us the lesson, not only in making these beautiful neck pieces, but also a lesson in how they signify a connection with each other when offering the lei as a welcoming gift.  It was a great cultural, historical and art lesson that Tony and I will remember as true Aloha spirit. BREAKING:  Next Steps Announced Rep. Calvin Say, Speaker of the Hawaii House of Representatives on the other hand, showed no Aloha spirit and played a huge part in denying civil rights to Hawaii’s families.  Now we need you to ACT and let him know that you’re frustrated and disappointed.  Send Speaker Say a message telling him his games with civil unions brought shame to the Hawaii House! After Friday's decision, Equality Hawaii announced that they have been working with Lambda Legal and the ACLU of Hawaii in planning a lawsuit to seek civil unions here in the state.  After the jump is the press release issued today from Lambda Legal and the ACLU of Hawaii: Hawai'i Legislators Kill Civil Unions Bill Yet Again, Lambda Legal and ACLU Readying Lawsuit "Enough is enough.  Infinite patience in the face of discrimination is irresponsible." (Honolulu, February 1, 2010) — Lambda Legal and the American Civil Liberties Union of Hawai'i Foundation (ACLU) today announced they are planning legal action against the state of Hawai'i following last Friday's failure by the Hawai'i Legislature to enact a law providing broad legal rights and duties to the state's lesbian and gay couples. The Hawai'i Senate had approved H.B. 444 — a bill to create "civil unions"— by a veto-proof 18 to 7 majority the week before, sending the bill back to the House for a conforming vote.  Although the House had passed H.B. 444 by an emphatic 33 to 17 margin last year, House members used an anonymous voice vote to kill the bill last Friday. "Enough is enough. Infinite patience in the face of discrimination is irresponsible,"said Jennifer C. Pizer, Marriage Project Director for Lambda Legal.  "Our clients suffer every day from unfair taxes and denial of basic legal protections that every family in Hawai'i' needs.  Although same-sex couples can't hope today for the full equality of marriage, Hawai'i's constitution still guarantees equal rights and responsibilities to everyone, gay and heterosexual alike.  Because the Legislature has ducked its responsibility multiple sessions in a row, we have no choice now but to bring our clients' legal claims to court." Hawai'i's constitution was amended in 1998 to allow the Legislature to restrict marriage to heterosexual couples, which it has done.  This means same-sex couples cannot sue for full equality through marriage.  Although civil unions are a lesser status, they would provide a full range of state law protections and duties to gay and lesbian couples, such as relief from unfair state taxation of job-provided health insurance for family members, clear duties to pay child support and alimony as spouses must, protection of the family home against nursing home costs as spouses receive, and other vital protections.   The current "reciprocal beneficiaries"system not only fails to provide many basic rights but also sends a harmful message that the state views same-sex couples as less worthy of rights and protections. "Civil unions offer essential protections but they are old news these days,"said Lois Perrin, Legal Director of the ACLU of Hawaii.  "It's shameful that Hawaii again validates discrimination — another blot on our history of diversity and fair treatment of all people.  Once again, lawmakers' continued failure to support what's fair and right will leave many constituent families vulnerable under the current reciprocal beneficiary laws.” Lambda Legal's Pizer added, "Thanks to the persistent work of Equality Hawaii and the Human Rights Campaign, the legislators were well aware of how urgently Hawai'i's lesbian and gay residents need the protections of civil unions.  Since the reciprocal beneficiary system was created more than a decade ago, it's inflicted a daily 'death-by-a-thousand-cuts' of insults, discrimination and legal vulnerability for gay people in this state.  It relegates them to a lower status that withholds vital protections in areas ranging from parenting to financial stability.  We simply can't stand by passively observing any more." Lambda Legal will be lead counsel in the case.  The ACLU of Hawai'i will be co-counsel and the law firm of Alston, Hunt, Floyd & Ing will serve as cooperating attorneys.

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