HONOLULU — Hawaii’s Governor Neil Abercrombie says that he believes the state’s law prohibiting same-sex marriage is unconstitutional, but his Attorney General’s office said it will continue to defend it in federal court.
Neil Abercrombie
The governor signed into law last year a measure which permits same-sex couples to enter into state-sanctioned “civil unions” but Hawaii’s constitutional ban of same-sex marriages remains in effect.
Under the current statutes, heterosexual couples in the state may choose to enter into either a marriage or a civil union, but same-sex couples, however, are only permitted to enter into a civil union.
In a news release Wednesday, the Attorney General’s office said it has filed separate court responses for the governor and Health Department director Loretta Fuddy to a lawsuit that challenges the state constitutional ban of same sex marriages.
“My obligation as Governor is to support equality under law. This is inequality, and I will not defend it,” Abercrombie said.
Howverm Health Department director Fuddy told the local press that it is her job to administer the law now on the books and that is what she must do.
“The Department of Health is charged with implementing the law as passed by the Legislature.,” said Fuddy. “Absent any ruling to the contrary by competent judicial authority regarding constitutionality, the law will be enforced. Because I am being sued for administering the law, I will also defend it.”
Fuddy said her legal position was drawn up after consultations with the governor.
The lawsuit was filed in November by same sex couple Natasha Jackson and Janin Kleid after they were denied a marriage license by the Health Department.
Jackson and Kleid claim that the state’s refusal to issue them a marriage license violates their due process and equal protection rights guaranteed them by the 14th Amendment of the U.S. Constitution
Attorney General David Louie said his office will represent both Abercrombie and Fuddy in the lawsuit, despite their divergent positions.
“In this case, both the Governor and the Director are being represented by separate teams of attorneys general, and appropriate protections have been put in place to ensure that both clients are being vigorously, and separately, represented,” Louie’s office said.
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Thank you logic
Hello, they are the rainbow state!
uh duh!
great news
It is. The only true reason for banning gay marriage is “Cause my religion says so.” Well, maybe I’m not your religion. By telling me I have to live by the rules of your religion destroys my freedom to religion. Thus, unconstitutional.
and…. it keeps getting better!! how many states now, and how many in the near future?? kewl…
Soon the world will define marriage as an union between 2 or more consenting adults. The way it should be.
good luck
Come on Hawaii…get into the gay marriage craze! we need more states on the band wagon to give this country a “bitch slap” of a reality check. It’s about time politicians stop worrying about a marriage certicifate and start concerning themselves with the other 99% without a million + bank account…oy
you guys in some of these northern states dont know how lucky you are. i love tennessee, its a beautiful state. i was raised a republican but the more i see how they think its 1955, the sicker it makes me. i dont want to have to leave tennessee, but it looks like we might some day. vermont is beautiful, and my partner has often thought of living in maine. i have an elderly mother here and it kills me ato leave, and my man’s mom is not in good health. thats all thats holding us. that and finding jobs.congrats to maryland gov o’malley and the legislature for a job well done. i just wish the gop would wake up and see what century we live in. and its terrible when you are out working in the lawn and some red neck with rebel flags on their truck passes you and yells ‘faggat’.
faggot-lol
another person who gets the rights guaranteed to ALL americans – RIGHT (correct) !!!yea!!!!
Hawaii is sooooo gay!!! <3
Finally.
finally yes
A big Mahalo to our island friends with victory! Alo-m/f’g-ha!
Go Hawaii, Go!
Keep smiling, Neil! It looks good on you!