Sunday, December 22, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, July 30, 2010
Lambda: Hawaii Civil Unions suit demands recognition of new family structures, not “equality”
By Selected News Articles @ 9:51 AM :: 11321 Views :: Energy, Environment, National News, Ethics

From The SIRIUS XM OutQ News Blog

Six gay Hawaiian couples are suing the state for the same rights as married couples. Gay rights group Lambda Legal announced there WOULD BE a lawsuit the night Republican Governor Linda Lingle vetoed the Civil Unions bill that had been passed by state lawmakers. On Thursday, they made it official. The lawsuit asks for the same benefits and responsibilities available to heterosexual couples, under the state constitution’s ban on sex discrimination – but as Lambda Staff Attorney Tara Borelli explains, it cannot specifically ask for “Marriage” or “Civil Unions.”

Borelli: “Because of the way Hawaii’s constitution was amended in 1998, that amendment reserves for the legislature, the decision about whether to allow marriage equality for same-sex couples. So we aren’t able to ask the court for marriage equality, it’s a case instead that seeks access to the complete package of legal tools to protect families.”

Borelli says her clients deserve the same protections that other Hawaii couples get.

Borelli: “We represent six couples, many of whom have been together two and three decades. They are a picture of what many of us might aspire to. They are loving, committed couples, and they are really hurt by the state’s lack of recognition for their family relationship right now.”

The state does grant SOME rights to gay couples through its reciprocal beneficiaries system, but Lambda says they lack legal privileges and obligations like adoption, child support, alimony and access to family court.

The office of Hawaii Attorney General Mark Bennett declined AP’s request for comment on Wednesday because it hadn’t yet been served with the lawsuit.

---30---

TOTALLY RELATED: Beyond Marriage The Confession: Hawaii Gay marriage advocates let the polyamorous cat out of the bag

Also: Full Text: Lambda Legal and ACLU File Lawsuit Seeking Hawaii Civil Unions for Same-Sex Couples

San Francisco Bay Times: Suing Montana

Meanwhile, in what appears to be a deliberate new strategy, gay legal groups are targeting some of the states that have banned marriage by constitutional amendment. In Montana, the ACLU sued the state for equal rights on behalf of several same-sex couples, arguing that even if marriage was foreclosed by law, the equality principles in the constitution still require that Montana offer all the rights and benefits of marriage to gay couples, short of the name itself.

I think Lambda and the ACLU are poised to file a similar suit in Hawaii, now that Governor Lingle has vetoed the state’s civil union bill.

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