Fight ramps up as special session nears

The National Organization for Marriage has bought television advertisements in Hawaii to support traditional marriage as both sides ramp up lobbying with about a week to go before a special session on marriage equality.

The Washington, D.C.-based group’s ads are tied to a campaign by religious conservatives to urge the state Legislature to put the issue of marriage to voters through a constitutional amendment.

"We want the Legislature to let the people decide on marriage," said James Hochberg, an attorney and president of Hawaii Family Advocates who is familiar with the ad but declined to discuss the content or estimate the cost of the buy. "We voted in 1998. We want to vote again before they redefine marriage. It’s simple."

Gay rights advocates are discussing whether to respond with an ad buy of their own or whether to just continue with grass-roots outreach for a gay marriage bill. An overwhelming majority in the state Senate, and a narrower majority in the state House, supports marriage equality, so the main focus of supporters has been to quietly prevent defections instead of engaging with opponents.

State House and Senate leaders met privately on Thursday to discuss preparations for the special session that opens Oct. 28 and intend to talk again on Monday. House Democrats have also scheduled a caucus for Tuesday. Senate Democrats could caucus on Friday.

The latest draft of a gay marriage bill, shared privately with House and Senate leaders on Thursday, attempts to address some of the concerns lawmakers have with a religious exemption. Sources say the title of the bill was revised to relate to equal rights, rather than marriage. The purpose section was revised to state clearly that it is the intent of lawmakers to allow gay marriage and to protect religious freedom.

The purpose section would state clearly that clergy have rights under the state Constitution and the U.S. Constitution to refuse to perform gay weddings. The religious exemption was revised to allow churches to refuse to host gay weddings at religious facilities or grounds that are regularly used for religious purposes — if churches restrict weddings to members and affiliated persons or religious organizations, and if churches do not primarily operate the religious facilities as for-profit businesses.

Churches would be subject to the state’s public accommodations law, which prohibits discrimination based on sexual orientation, if religious facilities are deemed public accommodations.

The draft moves the religious exemption closer to recommendations by several religious leaders, who publicly oppose marriage equality but have privately been suggesting amendments as a fallback given that the bill might pass and become state law.

One lawmaker familiar with the internal debate described it as finding the right "comfort language" for hesitant lawmakers, because no religious exemption, no matter how broad, will win over opponents of marriage equality, the legislator said.

The amount spent on lobbying, including the financial and tactical help from mainland interests on both sides of the issue, will not be known until early next year. Anyone who spends $750 or more on lobbying during a six-month period must file spending statements with the state Ethics Commission.

The next reports, which cover spending between May and December, are not due until the end of January.

Earlier this year, Equality Hawaii, which favors same-sex marriage, spent about $100,000 on lobbying at the Legislature. The effort was financed primarily by mainland donors. Human Rights Campaign, a Washington, D.C.-based gay rights advocacy group, donated $51,200. Freedom to Marry, a New York-based group founded by civil rights attorney Evan Wolfson, contributed $25,000. The Gill Action Fund, a Denver-based group founded by entrepreneur Tim Gill, gave $25,000.

Human Rights Campaign also spent a separate $25,000 on lobbying, reports show.