State Rep. Marcus Oshiro, who wants to slow the drive toward marriage equality, is reminding lawmakers they do not have to take any action when they meet in special session this month.
Gov. Neil Abercrombie has called a special session starting Oct. 28 to consider a gay marriage bill. But neither the House nor the Senate is obligated to hear or vote on legislation, and could simply meet and adjourn.
Oshiro’s message, which has been privately likened by some to a Hail Mary pass, is meant to unsettle House leaders who are trying to steer a wobbly majority in favor of gay marriage toward a final vote. The Senate overwhelmingly supports marriage equality.
Sources on both sides of the issue say that if a bill reaches the House floor for a vote, it will most likely pass.
Oshiro (D, Wahiawa-Whitmore-Poamoho) said he is hearing from lawmakers who feel they are "being dragged into a special session kicking and screaming."
"People do not want to deal with this kind of issue in a five-day session. They really feel that it lacks transparency, it lacks openness, it will be a dog-and-pony show, and the public’s input — and weighing in — doesn’t serve the interest of democracy," he said.
House Majority Leader Scott Saiki said lawmakers are elected to vote on the hard issues.
"I view it as a desperate argument to say show up and do nothing," said Saiki (D, Downtown-Kakaako-McCully). "Clearly there is a majority that supports this legislation. And the handwriting is on the wall."
Oshiro, the former House Finance Committee chairman, lost the post in a House leadership fight in January that put Speaker Joseph Souki and a coalition of progressive Democrats and minority Republicans in power. He is giving voice to Democrats who are undecided or who would likely vote against the bill but do not want the stigma of crossing their political party. Some lawmakers who favor gay marriage have also indicated privately that they are uncomfortable with a special session.
Oshiro, who is undecided, has cited the scope of the religious exemption as his main concern. But he believes some lawmakers who support gay marriage are "deathly afraid" that the idea of putting the issue before voters through a constitutional amendment might emerge as an option in the House. "The very fact that it’s vetted out there as an option," he said, "no one wants to deal with it."
Souki (D, Waihee-Waiehu-Wailuku) on Thursday denied a request by Rep. Bob McDermott to hold House Judiciary Committee hearings on the gay marriage bill on the neighbor islands. The committee will hold a hearing on the bill at the state Capitol during the special session and will consider public comment and potential amendments.
McDermott, who serves on the committee, opposes gay marriage and believes voters should decide through a constitutional amendment. He plans to co-host an informational briefing at the Capitol on Oct. 23 to examine the potential legal and social impacts.
"They (the House) should have hearings on a major societal change. They had them for the Superferry. Why are we rushing it through?" asked McDermott (R, Ewa Beach-Iroquois Point).
Oshiro has also invoked the 2007 special session on Hawaii Superferry when talking with colleagues. The state Senate — not the House — held informational briefings on Kauai, Maui and Hawaii island before a special session where lawmakers adopted a modified environmental review process in an ultimately futile attempt to keep the Superferry project alive.
McDermott will likely introduce a bill during the special session calling for a constitutional amendment that would ask voters whether marriage should be reserved between a man and a woman. Such a bill, however, would be procedurally difficult to bring to the floor for a vote without the agreement of majority Democrats.
Some House Democrats are hoping to push the debate into the next regular session in January, enough time to build a case for a constitutional amendment or another alternative that could spare them from having to take a vote on gay marriage.
President Barack Obama, the state’s congressional delegation, Abercrombie and the party’s platform all support marriage equality. The U.S. Supreme Court’s ruling in June that legally married gay couples are entitled to federal benefits prompted the governor to call the session.
"I think everybody is looking for an up-or-down vote, one way or another," said Rep. Chris Lee (D, Kailua-Lanikai-Waimanalo), adding that if there are lawmakers other than Oshiro who are so uncertain, "I’m sure they’d be willing to come out and say so."
