Hawaii Marriage/Relationship Recognition Law
Licenses marriages for same-sex couples? No.
Honors marriages of same-sex couples from other jurisdictions? No.
Hawaii law states: "The marriage contract … shall be only between a man and a woman. … Nothing in this chapter shall be construed to render unlawful, or otherwise affirmatively punishable at law, the solemnization of same-sex relationships by religious organizations; provided that nothing in this section shall be construed to confer any of the benefits, burdens, or obligations of marriage under the laws of Hawaii. … The Legislature shall have the power to reserve marriage to opposite-sex couples."
Any form of statewide relationship recognition for same-sex couples? Yes.
In 1997 the Hawaii Legislature passed a law that allows same-sex couples to enter into a reciprocal beneficiary relationship. Couples secure the following benefits from a reciprocal beneficiary relationship: inheritance without a will, ability to sue for the wrongful death of their reciprocal beneficiary, hospital visitation and health care decisions, consent to postmortem exams, loan eligibility, property rights (including joint tenancy), tort liability and protection under Hawaii domestic violence laws.
Citations: HAW. REV. STAT. § 572-1; HRS § 572-1.6; HAW. CONST. Art. I, § 23.; HAW. REV. STAT. §572C-1 – C-7.
Hawaii Domestic Partners
The Hawaii Reciprocal Beneficiaries law was enacted July 8, 1997. The law provides limited state rights to same-sex couples, relatives and friends. The law "represents a commitment to provide substantially similar government rights to those couples who are barred by law from marriage."
Benefits
Among the benefits extended to non-married reciprocal beneficiaries under the law are:
- property rights, including joint tenancy;
- the right to visit your partner in a hospital and make health care decisions for her or him;
- ability to inherit property without a will; and
- protection under Hawaii's domestic violence laws.
Eligibility
To be eligible for these and other benefits under the Hawaii law, a couple must file a notarized Registration of Reciprocal Beneficiary and pay an $8 filing fee with the Hawaii Department of Health. Applicants must also be:
- at least 18 years old;
- unmarried or not part of another reciprocal beneficiary relationship; and
- legally prohibited from marrying the other person under Hawaii marriage law.
There are no state residency or U.S. citizenship requirements.
The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.
Last Updated: 3/9/2007