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The Honolulu Advertiser
Posted on: Wednesday, February 28, 2007

House shelves civil unions

 •  Legislature 2007
Read up on the latest happenings in the Legislature, find out how to contact your lawmakers, and explore other resources.

By Derrick DePledge
Advertiser Government Writer

Russell Langley placed a photograph of his 2-year-old daughter, Arianna, on the table next to him for moral support as he appealed last night to state House lawmakers to legalize civil unions.

His daughter lives with her mother and partner on the Mainland, Langley explained, in a state that recognizes their union. His own partner lives in Canada, where they are legally married.

"I ask you, have you ever one single time in your life been discriminated against?" said Langley, who performs weddings at the Apoalewa Wedding Agency on Maui. "And I ask, how did that make you feel?"

Shanita Akana of 'Ewa Beach read a letter from her father, Ernest A'ana, a retired police dispatcher who lives on Kaua'i, who wrote that civil unions are just same-sex marriage by another name. Homosexuality, he believes, is unnatural.

"No matter what else is said, the fact remains that every one of us came into existence through a heterosexual union," A'ana wrote.

The state House Judiciary Committee, wading into a subject that divided the state nearly a decade ago, heard a bill last night that would give couples who enter into civil unions the same rights under state law as married couples.

After nearly five hours of testimony, state Rep. Tommy Waters, D-51st (Lanikai, Waimanalo), the chairman of the committee, announced he would defer the bill, essentially killing it for the session.

"We didn't have the votes to pass it," Waters said in an interview afterward. "But it was important for us to hear both sides of the issue."

House and Senate Democratic leaders had not listed civil-union legislation as a priority for the session, but the issue was important to the Democratic Party of Hawai'i. House Democrats opted to hold the hearing after polling the caucus and finding a majority supported a public debate on the bill. The House made a similar decision earlier this session on a physician-assisted suicide bill, which was held after a lengthy evening debate before the House Health Committee.

"I think this discussion is excellent. In the end, this is about civil rights," said state House Majority Leader Kirk Caldwell, D-24th (Manoa).

Hawai'i was among the first states to debate same-sex marriage after a Hawai'i Supreme Court ruling in 1993 found it was discriminatory to prevent same-sex couples from marrying. In November 1998, voters, by an overwhelming 70 percent to 30 percent margin, gave the state Legislature the constitutional authority to define marriage as between a man and a woman.

Vermont, Connecticut and New Jersey recognize civil unions, while Massachusetts is the only state to allow same-sex marriage. But Hawai'i does allow couples to register with the state as reciprocal beneficiaries and receive many of the rights and benefits of married couples.

Lt. Gov. James "Duke" Aiona and others told House lawmakers last night that the voters decided the issue in 1998. "I would just submit that the people have spoken on this issue," Aiona said.

James Hochberg, a Honolulu attorney, cautioned lawmakers to be careful about triggering another debate on same-sex marriage when other issues, such as traffic, healthcare, housing and education, are more pressing. "Make sure you know the history before you go down this road again," he said.

Religious leaders who shared written testimony were largely opposed to civil unions, seeing it as the same as same-sex marriage. Bishop Larry Silva of the Diocese of Honolulu wrote: "The movement to legally recognize civil union is nothing more than a thinly veiled attempt to legalize same-sex marriage."

But others more open to gay rights said religious leaders were often at the forefront in opposing discrimination based on race or gender. "I have been very disappointed that we have lost that prophetic voice," said the Rev. Jonipher Kwong, co-chair of Kaulike Hawai'i (Equality Coalition Hawai'i, O'ahu chapter).

Jo-Ann Adams, the chair of the gay, lesbian, bisexual and transgendered caucus of the Democratic Party, said it is never easy for a minority to achieve equal status. She praised those in the overflow audience in the third-floor hearing room of the state Capitol who are not gay but support civil unions.

"We want marriage," Adams told lawmakers. "But if you can't give us the word, give us the rights."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.