State readies licenses for civil unions

The state Department of Health expects to issue the first licenses for civil unions by Dec. 3, with the expressed, written understanding that the authorizations would not take effect until Jan. 1.

Dr. Alvin Onaka, state Registrar of Vital Statistics, said the intent is to allow couples to be able to obtain the needed paperwork to have a ceremony on the day the new law takes effect. A civil union license, like a marriage license, would be good for 30 days. Thus, a license issued Dec. 3 would have to be used by Jan. 2.

The state continues to work on an online system to streamline the process for couples and solemnizers who would perform such ceremonies, Onaka said Tuesday at a meeting of a task force convened by the Legislature to study implementation of Act 1.

The statute passed earlier this year allows all couples regardless of gender to enter into a civil union, gaining a legal status with all the rights, benefits, protections and responsibilities of traditional marriage.

Task force members continue to study issues related to a so-called “gap period,” in which couples already in reciprocal beneficiary relationships in Hawaii could face a period when they are covered neither by that arrangement nor a civil union. That gap period could put at risk benefits such as insurance coverage. The gap would occur because under the new law, reciprocal beneficiaries must dissolve that relationship before entering into a civil union. This requires sending a notarized letter to the Health Department, which acknowledges receipt and sends notice to the applicant of the dissolution, a process that typically can take weeks.

A subcommittee has been charged with studying such issues and determining which matters can be corrected by rules and regulations drafted by the Health Department, and which may have to be corrected by the Legislature.

The Health Department expects to have a website up and running by next month to answer frequently asked questions about the new law.