POSTED: 12:54 p.m. HST, Jul 24, 2012
Senior U.S. Judge Alan Kay heard arguments for more than two hours today, and will decide later whether Hawaii laws reserving marriage between a man and woman violate the U.S. Constitution.
A lesbian couple and a gay man filed a lawsuit last year contending the laws violate constitutional provisions of due process and equal protection.
The case featured an unusual twist with two teams of Attorney General David Louie’s office representing opposing positions of Gov. Neil Abercrombie and his Health Director, Loretta Fuddy, respectively.
Abercrombie’s legal team agreed with the plaintiffs that the laws violate the Constitution while Fuddy’s team defended the laws.
Kay earlier permitted the Hawaii Family Forum, a Christian organization, to join in the case and defend the state’s ban on same-sex marriages.
Honolulu attorney John D’Amato represented plaintiffs Natasha Jackson and Janin Kleid, who were denied a marriage license here, and Gary Bradley.
They filed the federal lawsuit in December.
Both sides asked Kay to immediately rule in their favor, arguing that a trial is not necessary because there are not disputed factual issues.