Hawaii Marriage Definition Upheld

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Hawaii Marriage Definition Upheld

Special Report - August 10, 2012
On August 8, a federal court upheld Hawaii’s definition of marriage as the union of one man and one woman. The U.S. District Court for the District of Hawaii rejected the Jackson v. Abercrombie “lawsuit that sought to tear down the state’s law defining marriage as the union of one man and one woman and Hawaii’s constitutional amendment that gives the legislature the power to maintain the timeless definition,” according to a press release from the Alliance Defending Freedom (ADF). The lawsuit also complained of the inadequacy of “Hawaii’s ‘civil unions’ law, which became effective Jan. 1, arguing that nothing less than a complete redefinition of marriage would be satisfactory.” ADF defended the law and amendment for the Hawaii Family Forum after Hawaii Governor Neil Abercrombie declined to defend the state’s statutory definition of marriage and the related constitutional provision.

Three individuals filed the lawsuit on January 27, which sought to have the state’s definition of marriage declared unconstitutional. Two of the plaintiffs were women who tried to obtain a marriage license in November 2011, but were denied. The third plaintiff was a homosexual man, who entered into the first male civil union in the state after Hawaii’s civil unions law went into effect in January 2012. They specifically argued that Hawaii’s definition of marriage denied them their Due Process and Equal Protection rights.

In its decision, the court recognized that “because Hawaii’s marriage laws are rationally related to legitimate government interests they do not violate the federal Constitution.” The court pointed out that, “Throughout history and societies, marriage has been connected with procreation and childrearing….. It follows that it is not beyond rational speculation to conclude that fundamentally altering the definition of marriage to include same-sex unions might result in undermining the societal understanding of the link between marriage, procreation, and family structure.”

ADF legal counsel Dale Schowengerdt heralded the decision, saying, “This ruling affirms that protecting and strengthening marriage as the union of one man and one woman is legitimate, reasonable, and good for society. The people of Hawaii adopted a constitutional amendment to uphold marriage, and the court rightly concluded that the democratic process shouldn’t be short-circuited by judicial decree.”

Related resources:
House Group Requests DOMA Decision - July 2, 2012
Washington To Vote On Marriage - June 12, 2012
Marriage Amendment Hearing Denied - June 7, 2012
CA Marriage Amendment Rulled Unconstitutional - February 8, 2012
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U.S. House Affirms DOMA- July 11, 2011
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DOMA Repeal Introduced - March 23, 2011
Obama Supports DOMA Repeal - July 20, 2011
U.S. House to Intervene in DOMA Defense - March 15, 2011
Majority for Traditional Marriage - February 15, 2011
Majority Battle Rundown - February 2, 2011
D.C. Marriage Case Snuffed By Supreme Court - January 19, 2011
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9th Circuit Punts Prop 8 - January 6, 2011
Assault On Marriage Intensifies - November 12, 2010
ADF Petitions U.S. Supreme Court - October 15, 2010
NCFPC Joins Prop 8 Brief - September 24, 2010
9th Circuit Stays Prop 8 Ruling - August 16, 2010
Judge Won't Stay Prop 8 Ruling - August 13, 2010
Judge Rules Prop 8 Unconstitutional - August 5, 2010
Judge Says Federal DOMA Flawed - July 9, 2010
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Court Rejects D.C. Marriage Referendum - February 24, 2010
An Update on the Battle over Marriage Redefinition - FNC - April, 2010
Why Not Same-Sex “Marriage” - FNC - Spring 2010
The Issue That Will Not Go Away - FNC Spring 2010
D.C. Mayor Signs Same-Sex "Marriage" Bill - December 21, 2009
Judge Rules Texas DOMA Unconstitutional - October 16, 2009
Bill Would Repeal Federal Marriage Law - September 18, 2009
White House Wants DOMA Repeal - August 19, 2009
Justice Defends Marriage - June 22, 2009
California Court Upholds Marriage Amendment - May 26, 2009
Lawsuit Challenges Federal DOMA - March 6, 2009
Three-Fourths Support NC Marriage Amendment - February 25, 2009
Council Urges Marriage Vote - February 20, 2009
White House Seeks Pro-Homosexual Agenda - January 21, 2009
California Amendment Not Retroactive - August 8, 2008
Marriage Amendment Bill Filed in NC House - July 3, 2008