Now that the state Legislature has passed the marriage equality bill and the governor is poised to sign it, a number of issues are now clarified, including:
IN COURT
Opponents have vowed to challenge a new law. Circuit Judge Karl Sakamoto last week declined to issue a restraining order sought to halt action on the legislation but said he would consider its constitutionality in a court hearing scheduled for Thursday.
EFFECTIVE DATE
The effective date of the bill is Dec. 2. Given the state’s online application process for marriage certificates, gay marriages could be held almost immediately provided that a state-approved marriage agent is present to verify the couple’s identification in person, as is required by law.
RELIGIOUS EXEMPTION
As it’s written, the bill ensures that any clergy, minister, priest, rabbi or other person authorized by the state to perform marriage ceremonies will not be required to marry gay couples if doing so goes against their religious beliefs or faith. The measure also protects clergy who refuse to perform solemnizations from fines, penalties, injunctions, administrative proceedings or any other administrative liability.
OPTING OUT
As part of the House amendments to the bill, any religious organization or nonprofit organization operated, supervised or controlled by a religious organization will not be required to provide goods, services or its facilities or grounds for gay marriage ceremonies or gay marriage celebrations if doing so violates its religious beliefs or faith. As with clergy, applicable groups would be immune from fines, penalties or other sanctions for refusing to host events related to gay nuptials.
GETTING MARRIED
Since an online system was installed for both marriages and civil unions when the state enacted the civil unions law in 2012, letting two people of the same sex apply online for a marriage license might be as simple as flipping an Internet switch for the Department of Health, which handles marriage certificate applications.
As with heterosexual couples, gay couples are being encouraged by the department to use the online system. The application can be completed at emrs.ehawaii.gov. The cost is $60, plus a processing fee of $5. Both prospective spouses must appear together in person before a license agent to obtain a marriage or civil union license.
Online applications are valid for a year, and certificates, once obtained, must be completed within 30 days. Gay couples will be able to choose whether they want "Bride and Bride," "Groom and Groom" or "Spouse and Spouse" to appear on their certificate.
OTHER STATES
Just as with marriages between a man and woman, Hawaii will recognize all marriages from other states. Hawaii currently doesn’t officially recognize same-sex marriages from other states because same-sex marriages are not legal here.
The state instead recognizes same-sex marriages as civil unions because those relationships are legal here.
In terms of whether other states will honor Hawaii same-sex marriages, those that have also legalized same-sex marriage will recognize Hawaii’s. They are California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Vermont and Washington. The Illinois legislature passed a measure last week, with the law expected to take effect in June. Washington, D.C., also recognizes same-sex marriages.
