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The Honolulu Advertiser
Posted on: Friday, February 9, 2007

Proposed civil-union law deserves review

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In the almost always contentious debate over "civil unions" for couples regardless of gender, perhaps it would help to focus on the first half of that phrase.

This is a civil contract apart from the religious and historical tradition of marriage, one that would come with certain legal rights, accorded within the boundaries of this state.

It's why proponents can defend the argument that it's truly a matter of civil rights for same-sex couples, the primary beneficiaries of the proposal.

This legislative session, its supporters have launched the campaign in the form of Senate Bill 1062 and House Bill 908, which would create a new chapter in state law for civil union contracts.

The bills have been referred only to the judiciary committees of each house, which may enhance their chances of passage. But at this point they are still languishing beneath a pile of other measures that need multiple hearings. Lawmakers need to make sure this important issue doesn't get buried again this year.

There are important distinctions between civil unions and marriage that should be made clear at these hearings. The argument that civil unions are simply a back door to enable gay marriage is one that should be spiked.

Among the differences:

  • Civil unions aren't recognized out of state.

  • A married citizen can sponsor his or her non-American spouse for immigration, a privilege not extended to civil unions.

  • Under the proposed law, couples in civil unions could file joint returns for state but not federal taxes.

    But there would be clear advantages for couples in civil unions over those who use existing legal instruments such as wills and power of attorney. These are costly and open to court challenge, whereas a couple in a civil union, like a marriage, would ensure these rights with the simplicity of a single filing.

    Enacting a civil-union provision would not create any additional relationships but merely make the couple's dealings with government clearer and simpler.

    Opportunities to simplify legal relationships come along rarely. Hawai'i, which has paid much more than lip service to civil rights over the decades, should rise to the occasion to do so again. Let's discuss civil unions and get some well-reasoned law on the books.

    In the final analysis, it's a matter of simple fairness for all couples.