States sanction gay weddings? If Hawaii legalizes same-sex marriage, opponents promise to amend the state constitution

Insight on the News, Feb 10, 1997 by Cheryl Wetzstein

Homosexual "marriage" promises to be a hot topic in at least 18 state legislatures this year -- especially Hawaii, where a state court appears on track to legalize same-sex unions. Legalizing homosexual marriage, however, "is far from a done deal," according to the Rev. Marc R. Alexander of the Hawaii Catholic Conference.

Nationally, at least 18 states are preparing to take action against same-sex marriage, says Melinda Hughes of Focus on the Family, a group based in Colorado Springs.

The battle over same-sex marriage began in 1990 when three gay couples in Hawaii were denied state marriage licenses. The couples filed a lawsuit claiming the state had discriminated against them based on gender, a violation of the state constitution.

In a stunning 1993 decision, the Hawaii Supreme Court agreed with the couples, sending the case to a lower court with instructions for the state to show a "compelling interest" to continue to deny marriage licenses to homosexuals. In December, the lower-court judge ruled the state failed to do so. The lawsuit is again before the Hawaii Supreme Court, which is expected to rule this summer that Hawaii cannot deny marriage licenses to gay couples.

Once the marriage gate is opened, homosexuals from mainland states have vowed to marry in Hawaii and begin legal battles at home to have their unions recognized. The Constitution's full faith and credit clause asks states to sanction each others legal acts.

But 16 states have enacted laws saying they will not recognize same-sex "marriages." These statutes "will be defeated," promises Evan Wolfson, a leader of the Lambda Legal Defense and Education Fund and cocounsel in the Hawaii lawsuit.

Meanwhile, in Hawaii, proponents of traditional marriage are fighting to amend the state constitution -- and trump the courts. Public-opinion polls show that Hawaiians overwhemingly agree that marriage should be defined as a union of one man and one woman, says Alexander. A bill calling for a constitutional amendment on traditional marriage is expected to pass the Hawaii House but run into stiff opposition in the Senate.

Opponents of same-sex marriage also are looking to the possibility of a constitutional convention" or "constitutional convention" or "con con," a forum that can be convened every 10 years to allow Hawaiians to change their constitution. In the November election, a majority of Hawaii voters -- 163,868 people -- checked yes to a "con con," although 160,153 voted no and 45,245 is abstained, according to Hawaii Deputy Attorney General Russell Suzuki.

Because a majority voted yes, officials say the forum is authorized. The AFI-CIO has filed a suit saying that the blank ballots should be counted as no votes. The suit should be resolved in February, says Suzuki, who will make the states case in the Hawaii Supreme court.

Still, the earliest opportunity for a public vote on the constitution is November 1998, notes a Boston homosexual group called Forum on Our Right to Marry. If the Hawaii Supreme Court rules to allow same-sex marriage, "there would be a window of one to two years during which marriage licenses would be given to same-sex couples."