Age-of-consent bill not ripe for challenge

There are wheels within wheels in the case of the state House Republican effort to yank an age-of-consent bill out of the House Judiciary Committee this week.

Let’s try to sort this out:

One of the more contentious issues at the Legislature this session is the effort to raise the age of consent for sexual relations from today’s 14 years old. Hawai‘i has the lowest age-of-consent limit in the nation.

Supporters say raising the limit would help protect youngsters from sexual predators and exploitation. Opponents say that "criminalizing" sexual activity by children between 14 and 18 would drive them underground and away from treatment, counseling and help.

One of the bills, which would prohibit sex between a minor and an adult at least five years older, is now before the House Judiciary Committee. Chairman Eric Hamakawa has not said whether, or when, he would hold a hearing.

In response, the 19 House Republicans used their constitutional power to pull the bill from committee and to the floor, where they wanted to debate its merits. But the majority Democrats used another parliamentary maneuver to just as quickly recommit the bill.

We agree with the Republicans that this issue deserves a full and proper hearing. It would be a disservice to both proponents and opponents if it dies in committee without even a public airing.

But a House floor debate without the benefits of a public hearing is not the best way to sort out the delicate and complicated issues involved. The Republicans were premature in forcing the measure out of committee, since there are at least two more weeks to consider it.

The new-found power to pull parliamentary rank and force bills out of committee must be used judiciously. This effort rushed matters.

The Democrats must be equally judicious, however. If they use quirks in the parliamentary rules to tuck bills back just as fast as they are pulled out, they will come across as more interested in wielding power than in doing the right thing.

If the constitutional right to push bills is used carefully, then the Democrats will come across as anti-democratic if they use their vote strength to bottle things up.

In the case of the age-of-consent legislation, matters were not yet ripe enough to bring things to a constitutional head.

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