In regards to Senate Bill 1 (SB1), "Relating to Equal Rights" I stand on my opinion that Same Sex Marriage should not be approved for Hawaii. The State Legislature is currently deciding on whether or not a same sex marriage bill should become law.
The State Senate voted in favor of SB1 yesterday (October 30) by a margin of 20 to 4 with one senator excused.
| 10/30/2013 | S | Passed Third Reading. Ayes, 20; Aye(s) with reservations: None. Noes, 4 (Senator(s) Gabbard, Kim, Kouchi, Slom). Excused, 1 (Wakai). Transmitted to House. |
The bill is now in the House where it is presently going through the hearing process at a combined Judiciary and Finance Committee Hearing.
Above: The State House of Representatives on the opening day of this special session.
LET THE PEOPLE DECIDE
The majority of Hawaii's people do not want the legislature to change the definition of marriage. In 1998 the voters approved a constitutional amendment that defined marriage as a union between a man and a woman. The problem with that amendment is that it left the legislature the option to decide on this or as it is happening now, to take away that definition through SB1.
The people are angry. They want to vote on this issue just like it was back in 1998.
A huge rally was held at the State Capitol on Monday afternoon, October 28 where supporters of traditional marriage, the union between one man and one woman came out to rally against SB1. More than 4,000 people showed up at the rally. Unfortunately the legislature is not listening to the majority as they continue to fast track SB1 thereby changing the law, upending the constitutional amendment and severely changing the fabric of our society.
People at the Senate hearing waiting to testify on SB1.
People waiting in line for their turn to testify at the Senate hearing.
People line the street in front of the capitol rallying against the same sex marriage bill.
Thousands show up to oppose SB1. Many are voters who will not forget what happens this year.
No To Same Sex Marriage. SB1 should be defeated.
Created with flickr slideshow.
Let the People Decide Rally Photos (slideshow)
ADDITIONAL INFORMATION
Press Release from State Rep. Bob McDermott:
Representative McDermott files lawsuit to stop same-sex legislation
Representative Bob McDermott filed a lawsuit today seeking a Declaratory Judgment regarding the 1998 ballot issue pertaining to same-sex marriage. The Governor and many legislators now claim that the meaning of the issue presented on the 1998 ballot gave the State Legislature the power to make all future decisions on same sex marriage. McDermott, however, insists that the adopted Constitutional Amendment, and official instructions from the Office of Elections, clearly set limits on legislative authority. McDermott further states that the people clearly “thought” they were voting on a legal definition of marriage as between opposite sexes only. According to settled law, the people’s perception of the meaning of a constitutional vote carries precedence over any other subordinate statutory consideration.
McDermott said, “I was there in 1998 as a member of the State House….a claim few in office today can make. The people thought they were answering the question once and for all. However, the horrible language that was foisted upon the people by the Senate Judiciary committee at the time left us with no choice but to accept the amendment. This explains the mess we are in today.“
The 1998 amendment reads: The legislature shall have the power to reserve marriage to opposite-sex couples. On November 3, 1998, Hawaii voters approved the amendment by a vote of 69.2–28.6%, and the state legislature exercised its power to ban same-sex marriage.
However, the people were told by the Office of Elections in an aggressive 4-week campaign that the meaning of the amendment was at following:
Meaning of a Yes Vote
A "yes" vote would add a new provision to the constitution that would give the Legislature the power to reserve marriage to opposite-sex couples only. The Legislature could then pass a law that would limit marriage to a man and a woman, overturning the recent Supreme Court decision regarding same-sex marriage. (Verbatim Office of Elections instructions)
The point here is that the people thought they were voting on reserving marriage to opposite-sex couples only. Settled US Supreme Court Law affirms that the will or intent of the people on a Constitutional Amendment, when reasonably inferred, supersedes any subordinate statutory language or committee reports.
Excerpts from the Senate Journal, Friday April 18, 1997 just prior to the vote for the Constitutional Amendment Relating to Marriage show that Representative McDermott was not the only one who correctly understood the meaning of the amendment under consideration. (Emphasis added).
Senator Matsunaga –
“Essentially, it accomplishes what we sought to achieve last year. That is, marriage licenses will be limited to opposite sex couples, but coupled with the passage of HB No. 118, CD1, nontraditional couples will be provided access to substantially similar economic marital rights and benefits.”
“The people of Hawaii will have an opportunity to definitively express their will on the issuance of marriage licenses. As legislators we are bound to acknowledge their power and abide by their will.”
Senator Chumbley-
“I support this proposed constitutional amendment, Mr. President, because I support and believe in the right of the citizens of Hawaii to define their own constitution. I also trust that upon full and fair debate, our citizen, over time, will do the right thing.”
“The amendment before us today is as finely tailored as we could accomplish. The people will decide on the simple issue of whether marriage should be limited to couples of the opposite sex—the courts are not insulted, equal protection is not conditioned, and no religious or social dogma is adopted. Instead, and affirmative expression of our understanding of marriage is incorporated in the supreme law of the land.”
“Mr. President, as a Legislator, I took an oath to uphold the Constitution of the State of Hawaii, a document which I hold dear as a lawmaker and as a citizen. The preamble to our constitution states, ‘We reaffirm our belief in a government of the people, by the people and for the people, and with and understanding and compassionate heart towards all peoples of the earth, do hereby ordain and establish this Constitution of the State of Hawaii.”
Senator McCartney-
“So that the record is clear. Granting similar rights and benefits does not mean granting same sex marriage as some have alluded to in an effort to confuse the public. Our compromise package simply gives us the legal and constitutional abilities to limit marriage to man and woman and ensures that those who cannot be married under the law are afforded certain rights and benefits.”
Ayes, 25. Noes, none.
In summary, the legislature needs to acknowledge that the voters did amend the constitution with the intent to limit marriage to couples of the opposite sex. The current legislature needs to honor the legislative record, the people’s votes, and the Hawaii State Constitution.
McDermott said, 'The people spoke on this issue in 1998 in a clear voice. Conceding this decision to the Legislature is not what they want as confirmed by a recent survey conducted by QEV Analytics which showed that 70% of Hawaii's voters believed that the definition of marriage is something that the people should decide. So, let them decide again….my amendment in the House (HB5) will enable them to do just that. We are the people’s house.
State Representative Bob McDermott (R) Ewa Beach, is leading the charge to “Let the people Decide" via a new constitutional amendment. A former Marine and Gulf War Vet, McDermott is one of the organizing forces for a coalition of citizens, politicians, businessmen, and clergy in their attempt to stop the legalization of same-sex marriage. McDermott, a father of 8 children, said, “This legislation is being done quickly and sneakily as they know the people, given the chance to speak, will not approve of same-sex marriage. “
Contact: Bob McDermott at cell/text (808) 371-4605
LETTER FROM HAWAII FAMILY ADVOCATES
This is a little dated, but pertinent to the issue.
October 29, 2013
MAHALO TO ALL OF YOU WHO SUPPORTED THE THOUSANDS OF PEOPLE WHO CAME TO THE CAPITOL TO RALLY TO DECLARE "LET THE PEOPLE DECIDE" ON MARRIAGE
We estimate that 10 thousand people were at the capitol yesterday to oppose Senate action. In addition, rallies were held on Maui, the Big Island, Hilo and Kona. That means that potentially 10-12 thousand residents of Hawaii took time out of their busy schedules to show the legislature that they understand that marriage should remain between one man and one woman. At the rally, thousands of voices chanted that in 1998 they did not give the legislature the power to define marriage any way they want.
As successful as the rally was, the battle is not over. We still need your kokua.
So what is the current status of SB1? (Read the bill here)
SENATE JUDICIARY PASSES SAME-SEX "MARRIAGE" BILL
The votes in Senate Judiciary and Labor were as follows: 5 Aye(s): Senator(s) Hee, Shimabukuro, Galuteria, Ihara, Solomon and 2 Noes: Gabbard and Slom (Click here for bill status). As usual, only Senators Gabbard and Slom continue to stand strong for traditional marriage. Their votes should be applauded.
So, what happens next?
The bill will now be voted on by the full Senate. That is expected on Wednesday at 10:00 a.m. so we need you to be at the capitol, in Senate Chambers, if at all possible, to fill the Senate gallery. The bill is expected to pass the Senate but we should be there, IN BLUE SHIRTS, to continue to show the Senators that the public is paying attention.
The House Judiciary Committee has scheduled the bill for hearing so now we are asking that you submit your testimony today. All testimony must be in by Wednesday at 10:00 a.m. Testimony can only be submitted in two ways:
1) Deliver a copy to the House Clerks Office (Room 027) in the State Capitol up to the day of the hearing. Please make sure you identify on your testimony whether or not you will be present at the hearing.
2) Submit testimony online here. (You will have to register online if you did not already submit testimony through the capitol website. You will not have to register if you have already done so. The system should remember you.)
Testifiers will only be given 2 minutes to testify.
ACTION:
1) Submit your testimony to the joint House Committee of Judiciary and the Committee on Finance by 10:00 on Wednesday
2) Come to the Senate Chambers on Wednesday at 10:00 a.m. (wearing your navy blue shirts) and bring your family and friends with you.
3) Continue to contact your own Senator and Representive and ask them to vote no (click here for a link to do so) on SB1
4) We need hundreds of sign wavers at the Capitol out every day until this is over. Email us for information on how you can get plugged in.
-- End of Hawaii Family Advocates letter --
Declarations Regarding 1998 Amendment To Hawaii State Constitution And Ballot Question #2 (PDF file)
Hawaii Family Advocates Website
30 Second Video from Hawaii Family Advocates
What Same Sex Marriage has Done to Massachusetts (PDF)
Hawaii Deserves Better from Hawaii Republican Assembly
They also provided the graphic at the top of this post.
Copyright 2013 Melvin Ah Ching Productions
