Ballot question revives debate over same-sex marriage in Hawaii

HONOLULU (HawaiiNewsNow) – Many voters are expressing confusion over a constitutional question on ballots that arrived at homes over the weekend. It brings up the 30-year-old debate over same-sex marriage in Hawaii that most people feel was settled a decade ago.
It’s question number one on all ballots statewide “Shall the state constitution be amended to repeal the legislature’s authority to reserve marriage to opposite-sex couples?”
But political science Professor and HNN political analyst Colin Moore says the question is raising a lot of questions.
“I’ve heard some people fear that they think this is some sort of a trick,” Moore said. “I think a lot of folks understandably think ‘Didn’t we resolve gay marriage a long time ago? So why are we talking about it again?’”
With same-sex marriage increasingly common and accepted, it’s easy to forget the battle that began in 1993, when the Hawaii Supreme Court ruled gay couples had the right to marry.
“That created a huge political outcry,” Moore said. “Was very controversial at the time, and so later, as a result of that, in 1998 Hawaii voters passed a constitutional amendment that gave the state legislature the right or the authority, to reserve marriage to opposite sex couples.”
That kept the same-sex marriage ban in place, but five years later lawmakers reversed themselves. But, the language giving lawmakers the power to reserve marriage only to opposite-sex couples remains in the Hawaii constitution.
If approved by a majority of the votes cast, the amendment on the ballot would erase that language from the constitution.
Unlike the emotional debates of the 90′s, the proposal only received brief discussion during the legislature this spring.
Among its supporters was Waikiki Democrat Adrian Tam.
“Today, we will be passing out of this house the first step to removing discriminatory language that should never have been in the Constitution in the first place,” he said.
Only seven lawmakers voted against the proposed amendment, six of them Republicans — only Waipahu representative Elijah Pierik, spoke publicly.
“It’s not the government’s job to define marriage,” Pierick said. “It’s God’s job to do that.”
Pierick did not respond to HNN’s request for further comment and other Republicans deferred to former Republican Lawmaker Bob McDermott, who is the party’s candidate for U.S. Senate.
“I’m voting no, because ‘no’ affirms my belief that marriage is between a man and a woman,” McDermott said.
McDermott agrees the vote may have no immediate impact, but hopes one day the courts may reopen the issue to the states as they have with abortion rights, and wants the legislature to retain the power to ban gay marriage again.
“Give the people an option down the road. Don’t close the door to it. If you know, attitudes change, as we’ve seen right? Now, I seem to be in the minority, but who knows 25 years from now?” McDermott said.
That’s so unlikely, Moore said the vote is largely symbolic — a “Yes” to affirm support for marriage equality in the constitution.
“Some people would see this as a stain upon our constitution — would like it removed through this amendment. So, although it won’t change anything directly, it does create more protections for same-sex marriage.”
If lawmakers lose the power to reserve marriage to opposite sex couples, a restored ban on gay marriage would require another change to the constitution and another public vote.
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