Saying he believes the votes are there to pass a bill to legalize gay marriage, Gov. Neil Abercrombie is calling the Legislature into a special session next month.

The bill, as proposed, would take effect Nov. 18, when the state would begin issuing marriage licenses for same-sex couples.

"It’s to recognize marriages between individuals of the same sex in the state of Hawaii and to address questions of equity — civilly and otherwise — that have arisen in the course of the discussion over the past 20-plus years, at least, in Hawaii," Abercrombie said Monday at a news conference in his office.

"The reason for the session taking place prior to the opening of the regular session next year is that there are serious, deep and wide-ranging consequences, particularly with regards to tax law, that have to be in effect by Dec. 31 if they’re to be taken full advantage of, presuming that the bill has enough votes for passage," Abercrombie added.

Advocates of the legislation, who have stepped up the calls for a special session in Hawaii since the U.S. Supreme Court ruled this summer supporting same-sex marriage, praised Abercrombie’s decision, which comes after weeks of behind-the-scenes discussions and closed-door meetings.

"It’s been over two months since the U.S. government recognized marriage between same-sex couples," Lois Perrin, legal director for the American Civil Liberties Union-Hawaii, said in a news release. "Now our state Legislature has the opportunity to eliminate the discrimination that exists against gay and lesbian couples in Hawaii."

Opponents questioned the need for taking up the matter in a special session so close to the end of the year, arguing that the timing would stifle discussion by compressing the normal four-month long hearing process to five days.

The cost of the special session is estimated at $25,800, which would be borne by the state.

"I’m not surprised. I am disappointed," said Sen. Sam Slom (R, Diamond Head-Kahala-Hawaii Kai), the Senate’s lone Republican. "There’s no urgency. There’s no need for this now. It could’ve been taken care of in the regular session of 2014.

"I continue to maintain our real problems in this community involve economics, job creation and the struggle that our citizens are having, and not sexual orientation."

Abercrombie said the Oct. 28 date was chosen for logistical reasons and to accommodate lawmakers’ schedules.

But Senate President Donna Mercado Kim (D, Kalihi Valley-Moanalua-Halawa) said the timing was not discussed with her or her colleagues, noting that she has a previously scheduled work-related trip during that time and would miss the first three days of the special session. She said other members also may miss part of the week.

"That week was not actually a very good week," Kim said. "I’m not sure how he arrived on that date. Certainly the Senate was not part of that discussion to what would be the best date for the special session."

She said she questioned the timing of having the special session so close to the regular session.

"I’m just concerned about giving the public the opportunity to participate in the process," she said. "I know we’ve been getting a lot of email. People feel that they’ll be cut out of the process.

"I’m not sure how the neighbor islands will be able to participate in all five days of session as such. There’s a lot of concerns."

If passed, Hawaii would join 13 other states and the District of Columbia in allowing gay marriage.

Abercrombie had previously said he would not call the Legislature into special session without a clear signal that the House had enough votes to pass a measure. The votes are there in the Senate, although majority Democrats are scheduled to meet to discuss the issue Friday.

House Majority Leader Scott Saiki (D, Downtown-Kakaako-McCully) said he expects to have the 26 votes needed to pass the bill by the time the special session rolls around.

"The votes are still close," Saiki said. "I think now that we have a date certain that the vote count should become solidified as we get closer to Oct .28.

"I’m anticipating that the count will go higher as we approach Oct. 28."

House Minority Leader Aaron Ling Johanson (R, Fort Shafter-Moanalua Gardens-Aliamanu) echoed concerns that the special session would curtail public input.

"I really don’t think it gives the general public the opportunity to have their say and to voice either their support or opposition to this in a meaningful way," he said, "because it will be such a truncated processs meant to expeditiously pass the bill."

He added that the House Republicans do not have a unified position.

"Just like the majority caucus, there are proponents and opponents as well," he said.

Abercrombie said the bill is a culmination of discussions on the issue that first started in Hawaii in 1993. Those discussions led to action in 1998, when voters overwhelmingly approved a constitutional amendment giving the Legislature the power to define marriage as between a man and a woman.

Debate increased in recent years as lawmakers took up the issue of civil unions, which were approved by the Legislature and signed by Abercrombie in 2011.

Civil unions would not be affected by the gay marriage proposal, and couples could choose to enter marriage or a civil union.

Abercrombie said the key provision of the gay marriage proposal, an exemption for religious institutions and organizations, is patterned after language in the civil unions law that addresses the issue. Clergy and churches that refuse gay marriages would not be subject to any fine, penalty, injunction, administrative proceeding or civil liability. In response to concerns of lawmakers, the latest draft adds protections against injunctions and administrative proceedings.

"We’re trying to keep from imposing one set of views on each other that would end up with conflict and confrontation," Abercrombie said. "We think that this bill achieves that delicate balance that respects the first amendment."

Attorney General David Louie said a team of lawyers worked with the House and Senate judiciary chairmen "to get a bill that would, we think, capture the essential elements of allowing marriage equity while also having a religious exemption that would be respectful of differing religious views and at the same time take into account our overriding values in Hawaii to avoid discrimination in public accommodations."

Abercrombie said his administration plans to post online the latest draft of the bill and a list of frequently asked questions related to the measure.

Marriage Bill 8-22-13 by staradvertiser