Lawmakers say stage set for passage

The Maui News
January 23, 2010

By CHRIS HAMILTON, Staff Writer

With the state Senate's passage of a civil unions bill Friday, it appears on the verge of paving the way for Hawaii to join four other states in legally recognizing such relationships, according to Maui state Sen. J. Kalani English and South Maui Rep. Joe Bertram III.

"It's the final frontier of civil liberties in the United States," English said of the controversial measure opposed by church groups who say it would erode traditional values.

The civil unions legislation would allow unmarried couples the right to share health insurance and pensions, visit each other in the hospital and also be recognized as committed partners by the state of Hawaii for tax purposes or when renting or buying a home.

A civil union is not marriage, though. For instance, the federal government does not recognize civil unions, Bertram said.

"Everyone will be equal now," said Bertram, who's said he will enter into a civil union with his partner of 25 years once the bill becomes law.

Ultimate passage of the bill by both houses of the state Legislature could put West Maui Rep. Angus McKelvey in the spotlight on the divisive issue. Last year, when the House of Representatives passed a same-sex civil union bill, McKelvey was one of 17 House members to vote "no" on House Bill 444.

That meant the 51-member House would not immediately have the two-thirds majority it would need to override a possible veto from Republican Gov. Linda Lingle.

Fast forward to Friday, when the state Senate voted 18-7, which is a supermajority, in favor of an amended version of the bill that now allows both homosexual and heterosexual couples to enter into civil unions.

The amendment is significant, said South Maui Rep. Joe Bertram III, who was one of the bill's authors, because McKelvey has been lobbying behind the scenes for the change.

When reached by phone Friday night, McKelvey said he would change his vote to "yes" - now that civil unions are available to everyone and that seniors who remarry would be able to retain their Social Security benefits. Also, he said, the pending bill does not interfere with the state's definition of marriage.

McKelvey's switch would make the bill veto-proof and deal a blow to civil union opponents, including hundreds of church members who held a rally against the proposal Sunday in Wailuku. Civil union opponents have repeatedly publicly thanked McKelvey for saying "no" a year ago.

But it's important to note that a McKelvey vote switch could be moot anyway, assuming other House members stick to their votes last February, said English, who represents East Maui, Molokai, Lanai and Upcountry residents. That's because Oahu Rep. Mark Takai was one of the bill's introducers, and Takai had to be excused the day of the vote because of a military commitment, English said.

With the exception of McKelvey, every member of the Maui delegation has voted in favor of civil unions in the past year, including Reps. Mele Carroll, Gil Keith-Agaran and Kyle Yamashita, who along with Takai also co-introduced the bill along with 28 other legislators. Central Maui Rep. Joe Souki voted "yes" as well.

Maui Sens. English, Roz Baker and Shan Tsutsui all voted "yes" on Friday.

Baker said she understands this will not be a popular move in some segments of society, but people should understand that civil unions do not impact traditional marriage.

"This is about keeping religion and the church separate from the state's recognition," Baker said. "It's about acknowledging that families come in all shapes and sizes. And committed relationships should be celebrated, not looked down upon."

English echoed that.

"Equality and justice for all, that's one of the premises of our country," English said. "We can no longer deny any human his or her civil rights."

The Senate bill passed Friday essentially creates a corporation for two men or women or a woman and man who want to enter into a civil union, Bertram said. Once the measure becomes law, he said it will be up to the state Health Department to come up with rules, such as whether a couple needs a civil union license or how assets would be divided in a dissolution of the union, Bertram said.

"It's just the rational thing to do," Bertram said of the bill. "It's equality plain and simple."

He said he wishes lawmakers could permit same-sex marriages, which are allowed in five other states, but recognizes that civil unions are a political compromise.

"You can't please everybody," Bertram said.

* Chris Hamilton can be reached at chamilton@mauinews.com.

Original article URL: http://www.mauinews.com/page/content.detail/id/527939.html

Return to Sen. English Home Page - KalaniEnglish.com

 

 

 

 

 

 

Home Bills and Resolutions About Senator English Committees Community Profiles Newsletter Archive News Archive Capitol Web Site Media Photos

Connect with Senator English

OUR DISTRICT