Leaders of the state House are counting heads this week, getting a preview of who among their members will or won’t support a fair measure to allow gay people to marry in Hawaii.
If there is enough support, Gov. Neil Abercrombie is expected to direct lawmakers to convene in a special session to vote on a proposal. If not, marriage equality will have to wait until next year. It should not have to.
As usually happens with the Legislature, all kinds of machinations precede definitive action.
When the U.S. Supreme Court struck down the Defense of Marriage Act in late June, the regular legislative session had already ended, and, despite a push from gay rights advocates, lawmakers were wary of returning to the state Capitol to quickly correct a civil wrong.
Senate leaders indicated that they have the votes to pass a proposal, but the support in the House is soft. Because the state Constitution requires a two-thirds majority before legislators can call a session themselves, the stipulation gave them cover to put off the matter.
However, advocates have continued to work the political lines both behind and before public view. Abercrombie, who also is allowed to order a special session, apparently has seen the light, but failure isn’t an option.
Special sessions are dicey. Besides the risk that other bills will squeeze on to the agenda, taxpayers — whether they agree with the session’s objective or not — will make noise about the cost of turning on the lights and computers and paying the per diem due lawmakers.
Even so, the added expense dims when compared to the obligation governing powers and other citizens have in establishing equality and fairness so that married same-sex couples are eligible for federal benefits.
Abercrombie and lawmakers say they are hesitant about moving quickly because they don’t want to draft a measure that won’t stand up legally or that will not satisfy all interested parties.
Well, complete agreement among gay rights opponents, rigid religious organizations and the just-don’t- like-gay-marriage crowd will be impossible anyway.
Lawmakers and government legal eagles certainly have enough expertise to write a bill that clears the obstacles and certainly have enough templates from laws in the dozen or more states to guide them.
Political leaders don’t like having to stand up for something that won’t succeed, which is why lining up votes in the shadows before the actual show of hands has become so important.
Still, a proposal has to be presented and discussed publicly in order for citizens to be assured it has been crafted with fairness and with consideration of opposing views.
The Legislature and the governor right now have an opportunity to make right the wrong of marriage inequality. Delaying the correction would be a transgression.
