The state Senate is poised to approve a same-sex marriage bill today and send it Gov. Neil Abercrombie for approval, setting up Hawaii to become the 15th state to allow gay and lesbian couples to marry.
Abercrombie is expected to sign the measure into law soon after, and the state Department of Health says it is ready to implement the law by its Dec. 2 effective date.
The state House approved the bill — dubbed the Hawaii Marriage Equality Act — late Friday in a 30-19 vote after overcoming procedural maneuvers to delay action.
The House amended the original bill to expand a religious exemption to protect religious freedom.
Sen. Clayton Hee (D, Heeia-Laie-Waialua), chairman of the Senate Judiciary and Labor Committee, has said he would recommend the Senate accept the changes. He predicted today’s Senate vote will be 21-4 in favor if all senators cast votes.
If the Senate were to reject the House’s version, the House and Senate would have to go into a conference committee, which would prolong the debate and likely jeopardize the chances a bill would pass.
Abercrombie called the Legislature into special session after the U.S. Supreme Court in June struck down much of the federal Defense of Marriage Act, which denied federal benefits to married gay couples. The decision allows same-sex couples who live in states that allow same-sex marriage to receive the same federal benefits as heterosexual couples.
The state Senate held an 11-hour hearing on the bill, while the House hearing took a record 56 hours of public testimony over five days.
Under the bill, gay couples could get married in Hawaii as soon as Dec. 2. Clergy would have the right to refuse to perform gay weddings. Churches and other religious organizations would be able to decline to provide goods, services and facilities for gay weddings and celebrations if it violates religious beliefs.
The Senate announced that security procedures today will be similar to Friday’s House session, with advocates for and opponents of gay marriage separated in the state Capitol courtyard and inside the Senate gallery.
Public seating in the gallery will open at 9:15 a.m. Those entering the gallery will be subject to bag checks and metal detector screening.
The Senate’s floor session will be broadcast live on ‘Olelo Channel 55 and streamed online at olelo.org/live.
A legal challenge is already planned by state Rep. Bob McDermott (R, Ewa Beach-Iroquois Point), who opposes gay marriage. He sent Abercrombie a letter Friday saying he would file a request for a temporary restraining order in Circuit Court to prevent the state from issuing marriage licences.
McDermott contends that a 1998 constitutional amendment that gave the Legislature the power to define marriage as between heterosexual couples trumps any statutory change to the law. He insists that another vote by the people is required to redefine marriage.
Judge Karl Sakamoto has said he would hear McDermott’s challenge if the same-sex marriage bill became law.
