Q. How many other states have legalized same-sex marriage?

When Gov. Neil Abercrombie signs the bill today, Hawaii will become the 15th state to legalize gay marriage. Illinois lawmakers approved a same-sex marriage bill last week, but Gov. Pat Quinn isn’t set to sign it into law until Nov. 20. Massachusetts became the first state to legalize same-sex marriage in 2004. In 2008, California became the second state to legalize same-sex marriage, although a successful voter-introduced proposition halted marriages until this summer when the U.S. Supreme Court ruled they could resume. Connecticut also passed a same-sex marriage law in 2008. Three states and the District of Columbia passed laws in 2009; one in 2011; three in 2012; and six so far in 2013, including Illinois and Hawaii. 

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I’ve always been proud to have been born in Hawaii, and today’s vote makes me even prouder.”
Barack Obama
The president congratulated Hawaii’s Legislature on passing same-sex marriage bill

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Q. Why did the Legislature decide not to “let the people vote” on how they want marriage to be defined, as so many opponents to same-sex marriage chanted and pleaded during the special session?

Some senators suggested in their arguments in favor of the same-sex marriage bill Tuesday that a constitutional amendment ratified by voters in 1998 gives the Legislature the power to limit marriage to one man and one woman but does not take away its power to create laws, including one to legalize same-sex marriage. Lawmakers and Gov. Neil Abercrombie have said that putting what they believe is a civil rights issue up for popular vote would be inappropriate. Abercrombie’s office has also noted that changes to state law can be made only by the Legislature because Hawaii does not have a process that allows voters to place laws or constitutional amendments on the ballot by petition.

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It’s all a setup. It’s been a setup from the get-go.”
Nathan Paikai
Christian pastor and same-sex marriage opponent

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Q. Why did Gov. Neil Abercrombie call the Legislature into a special session to pass a same-sex marriage bill instead of waiting until the next session to begin in January?

On Sept. 9, Abercrombie cited the U.S. Supreme Court’s determination in June that the Defense of Marriage Act’s restriction of marriage to heterosexual couples was unconstitutional as an impetus to call the session. He also said a same-sex marriage law would need to be in effect by Dec. 31 so that married same-sex couples could take full advantage of tax benefits now offered by the federal government. “A remedy delayed is a remedy denied,” the governor’s website says. “Holding a special session will allow the Legislature to truly focus on this important issue of equality and equity, without having to divert attention to the hundreds of other bills introduced during a regular session.”
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"The simple privilege of having a family with a father and a mother — to me it can’t be more basic.”
Leon Dodson
Member, Church of Jesus Christ of Latter-day Saints

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Q.Why marriage — why isn’t the state’s civil unions law sufficient for same-sex couples?

Only marriages are recognized by the federal government for benefits purposes; not civil unions. Therefore, the civil unions law extends marriage benefits to same-sex couples only at the state level. In August the U.S. Department of the Treasury and the Internal Revenue Service announced that same-sex couples legally married in states that recognize their marriages will be treated as married for federal tax purposes, according to Gov. Neil Abercrombie’s office. The Department of Veterans Affairs and the Pentagon also said they will treat all married couples the same regarding benefits. Additionally, civil unions also don’t afford spouses of U.S. citizens the opportunity to gain citizenship as they can through marriage.

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"We’ve been really blessed because we are here now. The fact that this is happening is great. We are at the peak of it.”
Chardonnay Pao
Business student

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Q. What will happen to civil unions now that the state plans to permit same-sex marriages?

In short: nothing. According to the state’s registrar of vital statistics, the civil unions law — and reciprocal beneficiaries — will remain unchanged. Neither will phase out as a result of same-sex marriage being passed. The bill passed Tuesday states that couples will not need to terminate their civil unions or reciprocal beneficiary relationships before marrying because the marriage will automatically do that for them. Additionally, rights, benefits, protections and responsibilities offered to the couple through the previous legal relationship will continue uninterrupted through the marriage and be considered to have accrued since the first date of the civil union or reciprocal beneficiary relationship.

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"No member of anyone’s ohana — gay or straight — should have to face shame because of who they are and who they love.”
George Lee
Episcopal minister

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Q. How soon after the law is enacted will same-sex couples be able to get married?

Because the marriage application process can be completed almost entirely online, couples will be able to get married Dec. 2, once the clock strikes midnight Dec. 1. The state’s online marriage application system currently flags and prevents applications that note two male applicants or two female applicants from continuing, but will no longer bump those applications from the mix once same-sex marriages become legal. Just as with civil unions in 2012, if a state-approved marriage agent is present to vet applicants’ identification in person, as is required by law, then a couple can be married by a licensed officiant as soon after the law takes effect as they prefer.

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"It’s going to take people being willing to stand up. I believe that hearts and minds can change. This isn’t over.”
Jean Leong
Moanalua resident opposed to same-sex marriage