by Andrew Walden

Co-sponsored by Rep Neil Abercrombie (D-HI) and Rep Mazie Hirono (D-HI) and their comrades in the Congressional Progressive Caucus, Rep Jerrold Nadler, September 15, introduced H.R. 3567, a bill that would repeal the 1996 Defense of Marriage Act (DOMA).

DOMA, signed into law by President Bill Clinton, states that: "The federal government defines marriage as a legal union exclusively between one man and one woman."  DOMA further prohibits states from being forced to recognize same-sex marriages performed in other states.

The Broken Trust connection

DOMA was passed by Congress in response to the 1993 Hawaii State Supreme Court ruling requiring the State of Hawaii to show a "compelling State interest" supporting the State's refusal to recognize same-sex marriages.  A 1996 Circuit Court ruling by Judge Kevin Chang held that the State had not done so.  Supreme Court Chief Justice Moon, in May, 1999, appointed Chang to oversee appointments of Bishop Estate trustees--a job he handles to this day.

The author of the Hawaii decision was Justice Steven Levinson, backed by Moon.  Levinson would later be exposed as a close ally of Bishop Estate broken trustee Gerald Jervis in the 2006 book Broken Trust (pgs. 93, 151, 161, 183, 212-213, 250) and in Governor Ben Cayetano's autobiography (pgs 437-442).  Levinson denies everything but resigned his seat on the State Supreme Court earlier in December, 2008--shortly before Cayetano's book was released.

In 1998 Hawaii voters approved a constitutional amendment that became Article I, Section 23 of the state constitution which reads: "The legislature shall have the power to reserve marriage to opposite-sex couples." 

In the 2009 Legislative session, the State House passed HB 444 which would recognize same-sex civil unions.  HB 444 awaits consideration by the State Senate in the session beginning in January.

HR 3567 would require Hawaii and all other states, territories, and Indian Tribes to recognize same-sex marriages performed in jurisdictions where such marriages are now legally recognized.

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TEXT:  HR 3567

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