SOCIAL ISSUES : Hawaii Tries to Take a Stand Against Same-Sex Marriages

In this state celebrated for its tolerance of cultural diversity, lawmakers are scrambling to derail a court case they fear has gone too far.

The Legislature passed a bill Monday to prevent Hawaii from becoming the first state to allow people of the same sex to marry. But there is no guarantee that the courts will agree.

“Now is not the time to embark on a bold experiment that would take us further along the road of deteriorating family values,” warned state Sen. Stan Koki, joining a lopsided vote for the bill limiting marriage to male-female couples.

The issue burst onto the public stage when the state Supreme Court ruled last May that denying a marriage license to people of the same sex was unconstitutional, unless the state could show a compelling reason to do so. The justices based their decision on the equal protection clause of the state constitution, which prohibits discrimination on the basis of gender.

Hundreds of people have gone to the Capitol to make their views known, hoisting signs ranging from “Equal Rights for All” to “God Created Adam and Eve, Not Adam and Steve.”

“We don’t want special rights, we want the same rights that everybody else has,” Ninia Baehr, one of the plaintiffs who had appealed to the Supreme Court, told legislators during emotional hearings.

But her view was overwhelmed by testimony from the other side. Many opponents consider same-sex unions sacrilegious and fear that Hawaii will become a “gay marriage mecca.”

The case has national implications, since other states would have to decide whether to continue recognizing all of Hawaii’s marriages, state Deputy Atty. Gen. Steven Michaels said.

The bill, which goes to the governor, notes the state’s intent to “foster and protect the propagation of the human race” and directs the court to stop trying to make social policy. Lawmakers hope it will bolster the state’s compelling-interest argument when the Circuit Court tries the case in April, 1995.

The legislation also sets up a commission on sexual orientation to study the legal and economic benefits of marriage and whether they should be extended to same-sex couples. A proposed constitutional amendment limiting marriage to “one man and one woman,” one sure way to block the court’s ruling, died during the legislative session.

A majority of Hawaii residents oppose same-sex marriages--with 58% against, 32% in favor and 10% undecided, according to a Honolulu Star-Bulletin poll conducted in January. Opposition has been led by the Catholic and Mormon churches.

Yet others suggest that Hawaii is an appropriate place for this groundbreaking step. Known worldwide as a melting pot, the state has a strong tradition of tolerance and a progressive legislative streak. It was the first to ratify the equal rights amendment and the first to legalize abortion. In 1991, it barred discrimination against homosexuals in employment.

Recent research shows that before missionaries arrived here, homosexual relationships were accepted in Hawaii. Hawaiian kings and chiefs openly took male lovers.

That cultural context might be important in deciding the court case, contends Daniel R. Foley, attorney for the three homosexual couples who are suing the state.

Foley questions the state’s procreation argument, noting that overpopulation may be a more pressing concern and that infertile couples are allowed to marry. He also dismisses the Legislature’s suggestion that the court should not be making policy.

“If Martin Luther King had gone to the Alabama state Legislature for help, the schools would still be segregated today,” he said.

“This is not about publicly approving or disapproving of a form of relationship,” state Sen. Matthew Matsunaga said. “It is about safeguarding the rights of citizens regardless of attitudes.”

The controversial issue has triggered a threat from the American Family Assn. of Tupelo, Miss., to boycott travel to Hawaii. While some hoteliers worry that allowing gay marriage will scare off mainstream tourists, others suggest that honeymooning same-sex couples would boost the economy.