A bill that would legalize civil unions stalled in a deadlocked state Senate committee early this morning, which will force Senate leaders to pull the bill from the panel if they want it to advance this session.

The 3-3 vote came after more than 15 hours of testimony at a hearing at the state Capitol auditorium, where advocates for civil unions described the bill as a basic civil right and opponents argued it would undermine traditional marriage.

More than 1,400 people signed up to testify before an overflow standing-room only audience, while hundreds of people gathered in the hallways outside the auditorium to watch the hearing on television.

"We tried to get the testimony out. We wanted people to at least testify what they were felling about," said state Sen. Brian Taniguchi, D-10th (Manoa, McCully), chairman of the Senate Judiciary and Government Operations Committee, where the bill was being heard.

"I know there's a lot of venting and just self-expression that people wanted to do."

Senate leaders have said they believe they have the votes necessary to recall the bill from committee and bring it to the full Senate for a vote.

The earliest the bill could be brought to the floor under state law is March 10.

"There is no question that the caucus supports passing civil-unions legislation," said state Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau). "But there is some concern among members about the process, and not wanting to short-circuit the process in our effort to pass what we think is the right thing to do."

The bill would give same-sex partners the same rights, benefits and responsibilities as married couples under state law. It would also recognize civil unions, domestic partnerships and same-sex marriages as civil unions in Hawai'i.

The state House passed the bill in a 33-17 vote earlier this month. Gov. Linda Lingle has not said whether she would sign or veto the bill if it reaches her desk. Lt. Gov. James "Duke" Aiona has publicly opposed the bill.

Three other states — Vermont, New Jersey and New Hampshire — allow civil unions. Two states — Massachusetts and Connecticut — allow same-sex marriage.

In 1998, nearly 70 percent of Hawai'i voters passed a constitutional amendment authorizing the Legislature to define marriage as between one man and one woman.

The debate before the Senate committee yesterday covered the spectrum of opinions on the controversial topic, from the rational to the extreme on both sides. The senators on the committee, who had already indicated their preferences on the bill before the hearing, asked few questions and instead mostly listened.

Although there was emotion and tension in the auditorium, and some scattered snickering and boos, there were few confrontations. Taniguchi used his understated humor and relaxed manner to try to set the tone, and he allowed people to speak their minds without a time limit even as the hour grew late.

In one of the few dramatic exchanges, state Sen. Mike Gabbard, D-19th (Kapolei, Makakilo, Waikele), who opposes civil unions, held up children's books such as "Daddy's Wedding" and "Heather Has Two Mommies" and asked state Board of Education member Kim Coco Iwamoto whether homosexuality should be taught equally with heterosexuality in public schools.

Iwamoto, who is transgendered, responded: "I don't know if we teach heterosexuality in our schools. I'm sorry, senator, I don't mean to be antagonistic. But I don't know if there is a course on heterosexuality."

Linda Hamilton Krieger, a law professor at the University of Hawai'i-Manoa who is a lesbian, told the committee that it is the Legislature's responsibility, not the electorate, to "protect the civil and human rights of Hawai'i's lesbian, gay and transgendered people from discrimination by enacting civil-union legislation or its equivalent."

Hamilton Krieger described the state's reciprocal beneficiaries law, which gives same-sex partners some of the same rights as married couples, as "constitutionally deficient."

Addressing those who say the 1998 vote represents the will of the people, Hamilton Krieger said the Legislature and the courts have the responsibility to "uphold and defend constitutional rights and principles even when they are unpopular." Citizens, by contrast, have no such obligation and can base their votes on prejudice.

"What do you think would have happened if in 1954 it had been left to the popular will to decide whether segregated schools should be legal?" Hamilton Krieger asked. "What do you think would have happened in 1943 if Congress' repeal of the Asian exclusion act had been put to a popular vote of the United States citizenry?

"Where the fundamental civil rights of an unpopular minority are at stake, the principle of letting the people decide' is often a mere cloak for majoritarian tyranny."

State Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai), who opposes civil unions, said Krieger was marginalizing the electorate. "Is there any time or any issue that you think the electorate is smart enough to vote on?" he said.

ONE MAN, ONE WOMAN’

Honolulu City Councilman Gary Okino called the civil unions bill "very dangerous legislation that will be a real threat to the state of Hawai'i."

Okino, speaking as a Christian, said there would be serious consequences for not following God's word. He said there are medical dangers from the homosexual lifestyle.

"So when God says that marriage is between a man and a woman, it's because parts fit," Okino said.

Dennis Arakaki, executive director of the Hawaii Family Forum and a former state lawmaker, delivered boxes to the committee with about 8,000 signed statements from people opposing civil unions.

Many of the people who signed attended a rally Sunday at the Capitol.

Arakaki said, given the public interest in the issue, lawmakers should consider putting a constitutional amendment on the ballot in 2010 that would "define marriage clearly once and for all."

"The people of Hawai'i have finally been awakened to see the truth. The people of Hawai'i know that civil unions is just another term for same-sex unions and marriage," he said.

Arakaki also suggested a social impact study, similar to an environmental impact statement, to determine the influence of civil unions on families.

But Arakaki also asked for forgiveness if opponents of civil unions have offended anyone and said the religious community has failed to embrace gays and lesbians.

"Rest assured, most of us are here not to condemn or judge the proponents of this measure, but instead we're here to stand in strong support of traditional marriage defined as the marriage between one man and one woman," he said.

Brian Reynolds, a minister, said that if civil unions pass churches may eventually be pressured into performing ceremonies for same-sex partners.

The bill, as written, would not require judges or members of the clergy to perform civil unions.

Reynolds called civil unions "a vast and untested social experiment with children."

Kyla Ozoa, a women's studies student at UH-Manoa who is from Kalihi, told senators she does not want special treatment but only wants the same rights as everyone else.

"I'm basically just asking for equality," Ozoa said, "the same rights as you folks have."