Civil Unions Undecided

Maui Weekly
February 11, 2010

Hawai'i's House declines to vote on civil unions bill, tabling it indefinitely, and leaving many wondering if this controversial legislation even had a chance in an election year. "It's just a shame they were not even given an opportunity to vote."

Trisha Smith

Hawai'i's civil unions bill (House Bill 444) attempted to extend 300 rights, benefits and protections on a state level to all couples without the overtones of a federal contract of marriage, which bestows over a thousand statutory provisions. Since 1997, Hawai'i has offered reciprocal beneficiaries, but couples have very limited rights and benefits.

Facing supporters and opponents of same-sex unions on Friday, Jan. 29, Hawai'i's House of Representatives did not even get a chance to record their vote on the proposed legislation that was unfinished business from 2009.

House Speaker Calvin Say decided not to move forward to hear the bill and an anonymous voice vote indefinitely postponed a decision whether to send it to the top.

Say deferred action on the bill for this year unless two-thirds of representatives vote to reconsider the measure, which is highly unlikely. Gov. Linda Lingle never publicly revealed her position on the bill.

Many supporters felt they were on the heels of victory after a veto-proof vote passed HB444 (SB458) in the Senate on Friday, Jan. 22. The House voted 33 to 51 in favor of civil unions last year, and an amended form of the bill to include heterosexual unions passed the Senate to close the 2009 session. Say revealed the count in favor of the bill had decreased in the House this session, in an election year.

Sandra Farmer-Wiley said she was hurt by Say's "mind-boggling" decision to table the bill.

"He said he needed to 'protect his people' by postponing a hearing," she said. "So, are gay and lesbian folks not his people?"

Longtime Maui resident Farmer-Wiley has been a passionate social advocate for decades. Her past work has included the Marriage Project Hawai'i and she's currently a part of Soulforce, an American social justice and civil rights organization that resists religious and political oppression of lesbian, gay, bisexual and transgender (LGBT) individuals.

She and her partner, Jean Walker, have been together for over 30 years. They married last November in Vermont, where gay marriage is legal. "We're just waiting for Hawai'i to catch up," she said.

Farmer-Wiley said she has struggled for equal rights her whole life. It isn't easy, she said, and she hoped Hawai'i would progress.

"I'm older now, and it's ridiculous that I still face discrimination," Farmer-Wiley said. "I'm still geared up for the fight, though."

Supporters and opponents came out in mass over the last two sessions, lobbying to be heard through emails, phone calls and rallies.

"It's really a matter of respectÑfamilies come in all shapes and sizes, and we need to recognize that and treat everyone equally under the law," said Sen. Roz Baker.

Senate Majority Leader Gary Hooser and U.S. Rep. Neil Abercrombie have shown support for civil unions, while Lt. Gov. James "Duke" Aiona's opposition has been fervent.

Equality Hawai'i, the state's largest LGBT civil rights group, and the nation's largestÑthe Human Rights Campaign (HRC)Ñboth denounced the "undecision."

"We're stunned that the Hawai'i State House would act contrary to their position of strongly supporting this bill," said HRC President Joe Solmonese.

"The fight is not over and we will ultimately prevail," said Alan Spector of Equality Hawai'i. "It is simply unfathomable that politics and election considerations would supersede honor, integrity and common sense."

"It's just a shame legislators were not even given an opportunity to vote," said Tambry Young of Equality Hawai'i. "We know that there is a lot of support for the bill, especially when it comes to the important merits of the bill."

Dennis Arakaki, Hawai'i Family Forum (HFF) leader and former Democratic state representative, has been one of many at the forefront against civil unions. He supports the definition of marriage as being between one man and one woman. He holds civil unions and marriage in the same regard.

"We're supporting the traditional definition of marriageÑthat's what we are standing up for," said Arakaki. "It has nothing to do with equality or race."

"It feels like we'll continue to move backwards if this bill doesn't pass one day," said Rep. Joe Bertram. "Who's to say this isn't similar to a time when couples of different races couldn't wed?"

Martin Guerriero, president of Both Sides Now, a nonprofit organization that serves Maui's LGBT community, sees this as a clear civil rights issue, not a religious one.

Refusing to acknowledge citizens' rights under equal law due to their sexual orientation can be considered discrimination.

"Why can't we have the same rights?" said Guerriero. "The gay community is a viable part of the community who pay taxes, and by refusing us equal rights, it's discrimination."

"If people don't holdfast to family values and tradition, we're going to be in a lot of trouble," said Arakaki.

"If everyone is so worried about family values, why don't we outlaw divorce?" said Guerriero.

"Civil unions support the idea of equality for everyone, extending basic, human civil rights to allÑwe can't deny that anymore," said Sen. Kalani English.

Hawai'i could have joined California, Nevada, New Jersey, Oregon and Washington, all of which essentially grant all the rights of marriage to same-sex couples without sanctioning marriage itself. Five states allow same-sex marriage.

"We can't give up because of another setback," said Farmer-Wiley. "Maybe next year, after the elections are over, we will be able to move both the House and the Senate to do the right thing."

Visit the Maui Weekly's "The Dish From Trish" blog for extended interviews and information regarding same-sex unions issues.

Original article URL: http://www.mauiweekly.com/page/content.detail/id/500996/Civil-Unions-Undecided.html

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