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The Honolulu Advertiser
Posted on: Sunday, March 4, 2007

Hot-button hearings are proper — and practical

By Jerry Burris
Public Affairs Editor

Over the past several weeks state legislators have held lengthy, emotional and ultimately fruitless public hearings on several hot-button issues.

One was on so-called death with dignity, or physician-assisted suicide legislation. Another was on a proposal to legalize civil unions as a way for same-sex couples to gain the rights and responsibilities of a married couple.

Going in, lawmakers knew it was unlikely that either measure would get out of committee, let alone make it through the entire Legislature. So why go through the motions?

Part of the answer is simple decency on the part of our legislators. These are issues that matter greatly, pro and con, to some people. So, why not give them a public forum to argue their case?

Imagine the uproar if the Legislature told folks that their cause was hopeless, so there wasn't even any interest in hearing what they had to say.

Another part of the answer is that lawmakers respond to passion, whether it is on burning social issues such as same-sex unions or death with dignity, gun control, homelessness or other matters. These are the kinds of issues where a relatively small minority of the public can drive the agenda at the state Capitol.

Consider gun control, which actually hasn't had much of a profile this year, but has in the past.

The majority of citizens likely have given little thought to the matter. Unless they are active gun owners, and that would be a minority of folks, they probably have no strong feelings one way or another. But for gun enthusiasts, the spectre of strong gun-control legislation is a gut-burning issue. So they turn out in force, offering strong and impassioned testimony.

Legislators are pragmatic. They have no interest in picking a fight with such a committed group, particularly when there is little political upside to bucking those who oppose gun control. A fiercely committed few will often outshine the uncommitted many.

The same logic applies to death with dignity and same-sex unions.

If there were no political downside to the matter, it's a good bet that a majority of legislators — particularly Democrats — would let such issues go to a vote. After all, even their party platform steers them in that direction.

But there is a downside. And it is the same dynamic: People who are opposed to these ideas feel deeply about the matter. They would not, will not, forget on election day. Now, it's true that supporters of death with dignity and same-sex marriage or civil unions also feel deeply. But they, too, are in a minority.

Most voters are in the middle, taking a "whatever" approach to the idea. So there is little gain in publicly supporting these things and a fair amount of political pain in letting them quietly go away.

That's particularly true if you go through with the exercise of holding a public hearing and allowing everyone to vent.

Come election time, legislators can say: "Hey, we gave it our best shot, we held a hearing. What more can we do?"

Reach Jerry Burris at jburris@honoluluadvertiser.com.