Most anyone blessed with a happy marriage wishes the same for those they cherish. The undying commitment and unconditional love of such a lasting union is incomparable, and irreplaceable. The phrase "like an old married couple" instantly conjures up the image of two people who have weathered the roller-coaster of life together, persevering through the inevitable hard times, rejoicing in each other’s triumphs, and embodying the intimacy borne of a lifetime of shared experiences.
It doesn’t work out for everyone, obviously. America’s divorce rate remains shockingly high. Single-parent families are common. And some loving heterosexual couples simply prefer not to make their status legal. But that is their choice. Until yesterday, same-sex couples in Hawaii did not have that choice. Their relationships could be legitimized in the eyes of the law as civil unions, but not as full-fledged marriages.
Today is a new day.
Endorsing the work of the state Senate and House, Gov. Neil Abercrombie has signed SB1, making Hawaii the 15th state in the nation to legalize same-sex marriage, bestowing on lesbian and gay couples all the rights and responsi- bilities enjoyed by heterosexual couples. We applaud this historic expansion of civil rights.
Although marriage equality directly affects only a small minority of the people in our state — the gay couples who want to get married — it speaks volumes about who we are as a community: dedicated to extending basic human rights to all people, including lesbian and gay citizens that far too many cultures continue to marginalize. Hawaii should be proud.
In signing the bill, Abercrombie declared that SB1 was not a "perfect vehicle," but that it was the product of a deliberative process that recognizes both gay rights and religious liberty. We agree. In retrospect, we concede that it was wise for the Legislature to devote its full attention to this issue in a special session. Some 25,000 pieces of testimony for or against the bill were received, from political activists, labor unions, religious organizations, business owners and everyday citizens of every color, creed and sexual orientation. The people were heard.
The law grants marriage equality to same-sex couples while protecting the religious freedom of churches that vow never to sanction such a union. Religious freedom is protected by the First Amendment and explicitly stated in the state Constitution — no clergy member was ever at risk of being forced to officiate at a gay wedding. Hawaii’s law goes even further to protect religious freedom.
In a worrisome but politically necessary exemption of the state’s public-accommodations law — which outlaws discrimination on the basis of race, gender, religion or sexual orientation at establishments generally open to the public — the marriage equality law allows churches and other religious organizations to deny goods, services and facilities for same-sex weddings and celebrations if such events violate religious beliefs. Church leaders who opposed this bill — and it’s important to note that many did not — should acknowledge that lawmakers listened to their testimony and acted upon their concerns.
Same-sex couples will be allowed to marry as soon as Dec. 2, presuming that a Circuit Court challenge fails to produce a temporary restraining order blocking the state from issuing marriage licenses to gay couples. That challenge should fail; the Legislature and governor have acted within their authority.
Justice has prevailed and marriage equality is law. Now tolerance, forgiveness, compassion and understanding should prevail as well. The road to marriage equality has been a long and divisive one in Hawaii. It’s time for everyone to live and let live.
