A federal judge could rule as early as today on a request by two Oahu Christian churches to block the new state law that allows same-sex couples to enter into civil unions.
The law takes effect Sunday.
U.S. District Judge Michael Seabright directed the lawyers for the churches and the state to file legal arguments and indicated he might render a ruling today on the request for a temporary restraining order.
The lawsuit was filed Wednesday by the Emmanuel Temple church in Wahiawa and the Lighthouse Outreach Center Assembly of God in Waipahu. They contend the statute violates their rights under federal civil rights laws and the U.S. Constitution’s freedom of religion protections.
Although the law, Act 1, exempts churches from performing civil unions, it does not allow them to refuse to rent their church grounds for same-sex ceremonies and receptions. Such a refusal would expose the churches to fines and money damages under state anti-discrimination laws, the lawsuit said.
Their attorney, Shawn Luiz, said the churches believe that as religious entities, they should not be held liable for fines or damages for refusing to rent their property for those activities.
The lawsuit said that during the past year, individuals have already complained to the Hawaii Civil Rights Commission that churches have refused to rent their facilities for same-sex unions.
Joshua Wisch, spokesman for the attorney general’s office, said the state will oppose the request.
Seabright directed Luiz to file arguments in support of his request by 10 p.m. Thursday and state lawyers to file their opposition papers by 8 a.m. today.
The suit is against Gov. Neil Abercrombie and Loretta Fuddy, Department of Health director.
Carl Harris, a bishop and pastor of Emmanuel Temple, and Joe Hunkin Jr., pastor of Lighthouse Outreach, also are named as plaintiffs in the lawsuit.
Abercrombie in February signed the civil unions bill, which allows same-sex and heterosexual couples to enter into civil unions with all the rights, benefits, protections and responsibilities of traditional marriages.
Hawaii became the seventh state to grant civil unions to same-sex couples without authorizing gay marriage itself. Five other states and Washington, D.C., permit same-sex marriage.
Hawaii News Now video: 2 churches sue the state, look to stop civil unions
