The state House Judiciary Committee last night approved a bill allowing same-sex partners to enter into civil unions, sending the bill to the full House in what some activists see as a historic step toward equality.

The bill would give partners who join in civil unions the same benefits, protections and responsibilities as married couples under state law. Hawai'i would also recognize civil unions, domestic partnerships and same-sex marriages performed in other states.

Last night, lawmakers agreed to amend the bill to prevent partners who have registered with the state as reciprocal beneficiaries from also entering into civil unions. The reciprocal beneficiaries law was passed a decade ago to give partners some of the benefits of marriage, a compromise after the public rejection of same-sex marriage.

State Rep. Jon Riki Karamatsu, D-41st (Waipahu, Village Park, Waikele), the chairman of the House Judiciary Committee, also made clear that the bill would not redefine marriage in state law, which is between one man and one woman.

While civil unions are not the same as marriage, Karamatsu said, the bill would end some of the discrimination against gays and lesbians. "This is the last of the major equal-rights issues still on the table," he said.

State House Majority Leader Blake Oshiro, D-33rd ('Aiea, Halawa Valley, 'Aiea Heights), the bill's sponsor, also saw significance in the moment. "The battle is far from over, of course, but this is a major and significant first step," he said.

Oshiro said he believes there are enough votes for civil unions in the House, which could take up the bill as early as next week. In the state Senate, however, the outlook is murky. The Senate Judiciary and Government Operations Committee is split 3-2 in favor of civil unions with a sixth member, state Sen. Robert Bunda, D-22nd (North Shore, Wahiawa), still undecided.

If the bill were to fail in committee, state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), would have to gauge whether there is enough support for civil unions in the chamber to pry the bill out. A one-third vote — or nine of the 25 senators — is required under the state Constitution to recall a bill from committee.

STANDING OVATION

For many activists, however, the dynamics in the Senate are for another day. Last night, the audience that packed the third-floor hearing room at the state Capitol erupted in cheers and many gave lawmakers on the House Judiciary Committee a standing ovation after the vote.

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

The nearly four hours of testimony on civil unions yesterday was not materially different, and in fact was strikingly similar, to the debate before the committee two years ago when the bill died. What changed was the committee's makeup, including Karamatsu as the new chairman, and the broader support for civil unions among organized labor and religious leaders.

The committee vote was 12-0, with four lawmakers excused.

Jo-Ann Adams, an attorney and Democratic Party of Hawai'i activist, tearfully related how she can visit her elderly father in the hospital but may have trouble seeing her longtime partner in the same situation because their relationship is not legally recognized.

Adams said much of the opposition to civil unions was based on religious beliefs, yet she noted that several who spoke in favor of the bill came from the religious community.

"We must begin to tease apart religion from legal protection," she said.

Rabbi Peter Schaktman, of Temple Emanu-El, said family life is strengthened when publicly validated commitments such as civil unions exist between partners. He said sacred covenants in churches and synagogues should not be limited only to heterosexual couples.

The bill would authorize judges, retired judges, and ordained and licensed members of the clergy to perform civil unions. No one in the judiciary or clergy, however, would be required to perform the ceremonies.

"The state of Hawai'i must not sacrifice our families and our keiki on the altar of exclusivist or triumphalist ideologies that disguise themselves as religious faith," Schaktman said.

Some activists told lawmakers that their ultimate goal is full marriage equality for gay and lesbian couples.

Jeffrey Hong, who serves on the American Civil Liberties Union of Hawai'i's legislative committee, described civil unions as a "measured step forward to enhance diversity."

Lt. Gov. James "Duke" Aiona, like he did two years ago, urged lawmakers to table the bill. Aiona, who is Catholic, strongly opposes civil unions and said the bill circumvents the will of the people. In 1998, nearly 70 percent of voters agreed that the Legislature should have the power to define marriage as between a man and woman.

"This is nothing more than a same-sex marriage bill under a different name," Aiona said.

If anything, he said, lawmakers should put civil unions before voters through a constitutional amendment rather than deciding themselves. "That's how important this decision is," he said.

'ILLICIT MINORITY'

Honolulu City Councilman Gary Okino, who said he was testifying as a private citizen, said the bill would reawaken what had been a divisive and controversial battle over same-sex marriage in the 1990s.

Okino told lawmakers the bill "will be seen as 'back-dooring' the agenda of an illicit minority special interest."

But supporters, many of whom were wearing gold stickers with the word "Equality" in green letters, swamped opponents both in the hearing room and in written testimony.

Brian Schatz, the chairman of the Democratic Party of Hawai'i and a former state lawmaker, said he was a little reticent to come before his former colleagues and tell them what to do. He acknowledged that some lawmakers had to balance the pressures of their constituents with their own consciences.

"I'd like to offer you my perspective," he said. "In a session which will likely be remembered for budget cuts and a struggling economy, this is your opportunity to make history."