Wednesday, November 13, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, November 27, 2013
Rep McDermott Asks for Reconsideration of Gay Marriage Ruling
By Rep Bob McDermott @ 5:33 PM :: 6498 Views :: Family, First Amendment

News Release from Office of Rep Bob McDermott November 27, 2013

State Rep. Bob McDermott has filed a new motion in court to ask the Judge to reconsider a serious constitutional issue.  McDermott believes that the plain language and the people's intent in the 1998 Constitutional Amendment forbid the legislature from expanding the definition of marriage under the “General Powers” clause of the State of Hawaii constitution. 

McDermott said,  "This is a serious issue, we have case law and precedent on our side.  We shall fully litigate this through the appeals process.  The point here is that the people via their 1998 constitutional amendment vote can not be disenfranchised by the whim of the legislature. "  The motion is set for a hearing with Judge Sakamoto again on Monday, Jan. 13, 2014 at 10 a.m.  We also asked for a delay in the issuance of the marriage licenses, the AG fought this delay.  So if we prevail, there will be quite a mess for the AG to clean up after the issuance's of licenses on December 2nd, 2013.

McDermott said, "What some people fail to realize is that we won on two of the three issues contested in the second hearing, they were standing and the language of the amendment, respectively.  Further, at some point, the court is going to have to deal with what the intent of the voter as gleaned from the publicly funded Voter information guides that were mailed to every voter and advertised in the papers.  The State of Hawaii responsible for this and it is an issue than cannot be swept under the rug. ”

The 1998 amendment reads: The legislature shall have the power to reserve marriage to opposite-sex couples.  On November 3, 1998, Hawaii voters approved the amendment by a vote of 69.2–28.6%, and the state legislature exercised its power to ban same-sex marriage.

However, the people were told by the office of elections in an aggressive 4 week campaign that the meaning of the amendment was the following:

Meaning of a Yes Vote

A "yes" vote would add a new provision to the constitution that would give the Legislature the power to reserve marriage to opposite-sex couples only (emphasis added).  The Legislature could then pass a law that would limit marriage to a man and a woman, overturning the recent Supreme Court decision regarding same-sex marriage.

The point here is that the people thought they were voting on reserving marriage to opposite-sex couples only.  Settled US Supreme Court Law affirms that the will or intent of the people on a Constitutional Amendment, when reasonably inferred, supersedes and subordinate statutory language or committee reports.  This amendment clearly restricted the power of the legislature in this realm, not expanded it.

McDermott said, 'The people spoke on this issue in 1998 in a clear clarion voice.  This is not what they want as confirmed by a recent survey conducted by QEV Analytics showed that 70% of Hawaii's voters believed that the definition of marriage is something that the People should decide. 

State Representative Bob McDermott (R) Ewa Beach, is a former Marine and Gulf War Vet, McDermott never backs down from a challenge.  He was one of the organizing forces for a coalition of citizens, politicians, businessmen, and clergy who tried to stop this legislative jam job now known as SB1, HD1.   McDermott, a father of 8 children has been married for 27 years.

#     #     #     #

Mainland Homosexuals all a Flutter over Gay Marriage Lawsuit Appeal

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii