Aloha, Hawai`i-marriage-case watchers, [Note: I am about to leave the country for a 6-month research trip (to Japan), so I will not be sending any more updates myself. To those who have asked to be kept up-to-date on the same-sex marriage case in Hawai`i: I will be forwarding my list of addresses to other project volunteers on the net for future updates. If you received this message from me directly, you're on this list. If you don't wish to remain on this list, or wish to be added to this list, let me know. Or better yet, let Tom Ramsey (ramsey@math.hawaii.edu) or Terry Gregson (GREGSON@busadm.cba.hawaii.edu) know, since I will forward all requests to them anyway. --John Flanagan] I am appending below a couple of updates which have been written and sent to gaynet by other Marriage Project volunteers. But first, a quick note on the legal proceedings: briefs for both sides have been filed, and the case went into discovery last week. This means that each side gets to look at the other's brief. The state's case against same-sex marriage consists of three arguments: 1) The purpose of marriage is procreation. 2) Same-sex marriage will hurt the state's economy. 3) The resulting legal tizzy will weaken the full-faith-and-credit clause of the US Constitution. (This is the clause that has been used to require a state to recognize other states' marriages, except where doing so would violate public policy in that state.) My (admittedly non-legal) impression is that these are all pretty weak arguments in the face of the requirement set by the State Supreme Court that the state show compelling reasons for denying same-sex marriage licenses. But we shall see in a few months what the trial court thinks. [Aloha, and a big mahalo to everyone out there who has supported the work of the Marriage Project. It has made a big difference, believe me. --John] --------------------Begin included message (1)-------------------------- Date: Wed, 8 Dec 93 16:19:39 HST From: ramsey@math.hawaii.edu Subject: Marriage Project Update The other shoe dropped last Thursday in Hawaii's struggle to legalize same-sex marriage. Back in October, the House Judiciary Committee of Hawaii's House of Representatives held hearings on same-sex marriage at which hundreds of people testified. Gay men and lesbians really carried that day, and made a superb public impression in contrast to the fear, hatred, and anger exhibited by the fundamentalists. Last Thursday, the chair of that judiciary committee, Terrance Tom, announced his conclusions: he would not pursue a constitutional amendment to Hawaii's constitution which would invalidate our lawsuit to achieve same-sex marriage. THIS IS GREAT NEWS! This means that our court case can proceed, a court case in which the odds favor us. On the other hand, Terrance Tom will seek legislation (law, but not a constitutional amendment) basing marriage on procreation. This will have to be opposed, but this time we will have allies among the elderly (any woman past menopause), some of the handicapped, the infertile (any man who has had a vasectomy), etc. Terrance Tom, in throwing a bone to the fundamentalists, may have widened the conflict to his own detriment. THE BAD NEWS is that this will have to fought with lobbying, public education, testimony at new hearings (likely to be much longer because the fundamentalists will have had months of further preparation), and money. The legal change probably won't affect our court case, but it could irreparably damage the public climate for gay men and lesbians and prepare public opinion for a constitutional amendment AFTER our success in court. If you'd like to make same-sex marriage a reality in Hawaii (and hence for the U.S.), help however you can. Tax-deductible donations can be sent to GLCC/Marriage Project, 1820 University Ave., Room 8, Honolulu, HI 96822. Aloha! Tom Ramsey Marriage Project Phone-Tree Coordinator --------------------Begin included message (2)-------------------------- From: "Terry Gregson" Organization: College of Business Administration Date: 7 Dec 93 13:07:32 HST Subject: gay marriage hawaii Priority: normal It has been an eventful week for the gay marriage project in Hawaii. First, we were assured by representative Terrence Tom (chair of the judiciary committee in the Hawaii house of representatives), that there would be no constitutional amendment related to gay marriage. What he proposed instead was a law stating that marriage should only be done for procreation reasons. Both major newspapers in Honolulu editorialized against Tom's proposed legislation. The proposed legislation would make it hard for sterile people or post-meopause women to be able to marry. Nobody is really sure what the legislature is up to. And, at the same time we are afraid of massive lobbying by the religious right. Eventhough, Hawaii has a smaller than average religious right community. (Most people are not even christians in Hawaii). This week the marriage project hired a program coordinator to help raise funds for our lawyer and to help to keep the case in the courts instead of the legislature. We believe that if the case is successful it would have major effects on the civil rights of gay people in the whole country. Marriage laws are generally recognized between the states. If anybody would like to be kept up to date on the marriage project, either e-mail me with your address or write to and ask for the newsletter: The Marriage Project c/o Gay and Lesbian Community Center 1820 university avenue #8 Honolulu Hawaii 96822 --------------------End included messages-------------------------- John Flanagan || johnf@uhheph.phys.hawaii.edu || "I know what you're feeling, U. of Hawaii, Dept. of Physics & Astro.|| and I hate it. But I love it." 2505 Correa Rd., Honolulu, HI 96822 ||