Following a decision by the Hawaii State Supreme Court that found the state's refusal to grant same-sex couples marriage licenses discriminatory, voters in approved a constitutional amendment granting the Hawaii State Legislature the power to reserve marriage to opposite-sex couples, which made it impossible to challenge the state's ban on same-sex marriage.
Lee June Not recognized in Caribbean overseas territoriesthough marriage-equivalent ordered for the Cayman Islands. Retrieved April 30, In the plurality opinion delivered by Chief Justice Ronald Moon inthe court ruled that while the right to privacy in the Hawaii Constitution does not include a fundamental right to same-sex marriage, denying marriage to same-sex couples constituted discrimination based on sex in violation of the right to equal protection guaranteed by the state's Constitution.
Supreme Court of Hawaii. Same-sex unions in the United States.
By June 30,exactly 4, same-sex couples had married in the state of Hawaii since legalization on December 2,making up February 13, M July 27, Westword Newsletters. Marriage between persons of same sex". Archived from the original on March 4, HickenlooperU. Retrieved November 27,
The case was not the first time sex discrimination had been argued by gay-rights advocates. And if the New Mexico Supreme Court decides to sanction same-sex marriages — a ruling is expected soon — Republican lawmakers may seek to ban them through a constitutional referendum.
Suthers v. Windsor has been able to justify its ban under even the rational basis test, much less under the strict scrutiny test. Public Religion Research Institute. Hawaii Circuit Court Judge Karl Sakamoto heard a legal challenge to the marriage bill filed by Representative Bob McDermott , who contended that the constitutional amendment prohibited the Legislature from allowing same-sex marriage.
Levinson wrote that "marriage is a basic civil right" and that "on its face and as applied," the Hawaii law "denies same-sex couples access to the marital status and its concomitant rights and benefits. Hawaii same-sex marriage gay marriage.