9TH CIRCUIT UPHOLDS DISMISSAL OF CHALLENGE TO MARRIAGE EQUALITY ACT

News Release from Office of the Attorney General August 5, 2016

HONOLULU – On August 4, the Ninth Circuit Court of Appeals issued an opinion upholding the dismissal of a challenge to the state's Marriage Equality Act by plaintiff Kaui Amsterdam.

In its opinion, the court found that Hawai‘i District Court Judge Susan Mollway "properly dismissed Amsterdam’s action because Amsterdam’s moral and cultural objections to same-sex marriages are generalized grievances and are insufficient to confer Article III standing." Judge Mollway found that Amsterdam lacked standing because he failed to show he suffered any injury as a result of the Marriage Equality Act.

A copy of the Ninth Circuit Court's decision and Judge Mollway's earlier order dismissing the case are attached.

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PDF: Court Order