Follow breaking news @lgbtqnation

Hawaii judge rejects lawmaker’s attempt to overturn marriage equality law

Friday, January 31, 2014

HONOLULU — A state judge in Hawaii has thrown out a lawmaker’s challenge to the state’s new marriage equality law, declaring that the law that took effect in December is constitutional.

GOP state Rep. Bob McDermott is seeking to have Hawaii's marriage equality law overturned.

GOP state Rep. Bob McDermott is seeking to have Hawaii’s marriage equality law overturned.

First Circuit Judge Karl Sakamoto ruled Wednesday that the Hawaii Marriage Equality Act of 2013 is constitutional under both the state and federal constitutions, reported Big Island Now.

Sakamoto had previously declined state Rep. Bob McDermott’s requests for a temporary restraining order and a preliminary injunction to block the law.

McDermott’s challenge centered on language in the 1998 constitutional amendment that he said trumped lawmakers wanting to redefine marriage. The amendment reads: “The legislature shall have the power to reserve marriage to opposite-sex couples.”

Sakamoto said the amendment didn’t force the Legislature to define marriage as between a man and a woman, it merely granted them the power to do so.

Advertisement
Attorney General David Louie argued lawmakers didn’t pass the law based on the merits of the constitutional amendment. He said they were simply doing their normal job of debating and enacting laws.

“The Legislature can change its mind at any time on any statute it wants,” Louie said.

Sakamoto’s ruling Wednesday was in response to a motion filed by Louie for a summary judgment.

Louie said the ruling “unequivocally affirmed the right of people to marry the person they love without regard to gender.”

Since the law went into effect on Dec. 2, more than 670 same-sex couples have been married and another 230 have requested licenses.

McDermott has said he intends to appeal the ruling.

Share this article with your friends and followers:

Archives: , , ,

Filed under: Hawaii

29 more reader comments:

  1. HA

    Posted on Friday, January 31, 2014 at 6:14pm
  2. How many more times is this fool going to be told “no, you can’t do that” before it finally sinks in?

    Posted on Friday, January 31, 2014 at 6:22pm
  3. Nice

    Posted on Friday, January 31, 2014 at 6:25pm
  4. Had to re read this thought it was the other way round! Good on ya Hawaii x

    Posted on Friday, January 31, 2014 at 6:28pm
  5. I still find I hard to believe that people haven’t got over the idea that love is love! I’m gay and I never chose to be, I was simply born this way. I LOVE being gay. X

    Posted on Friday, January 31, 2014 at 6:30pm
  6. McDermott is a bigoted idiot!

    Posted on Friday, January 31, 2014 at 6:33pm
  7. good!!

    Posted on Friday, January 31, 2014 at 6:36pm
  8. He needs a good bitch slapping. Dumb lawmaker.

    Posted on Friday, January 31, 2014 at 6:40pm
  9. Is a conservative trying to use an activist Judge? They hypocrisy of it all. I would never in my wildest dreams ever believe that someone as great, honest, and noble as a conservative would ever use straight out hypocrisy to try and get involved into peoples personal lives and force their unconstitutional laws of a bullshit theocracy created under a bullshit religion that they themselves refuse to follow, on to the masses of people against their will.

    Posted on Friday, January 31, 2014 at 6:50pm
  10. This panderer gives malihini haoles a bad name. (LOL)

    Posted on Friday, January 31, 2014 at 6:51pm
  11. in Frankreich steht jetzt Homophobiei unter Strafe und wird mit bis zu 45.000€ geahndet

    Posted on Friday, January 31, 2014 at 7:00pm
  12. well that is what the courts do

    Posted on Friday, January 31, 2014 at 7:06pm
  13. Fuck you asshole

    Posted on Friday, January 31, 2014 at 7:27pm
  14. Well the courts do blah blah blah

    Posted on Friday, January 31, 2014 at 7:28pm
  15. It’s like that quote about the meaning of “Insanity” keep doing the same thing over and over hoping for a different outcome.

    Posted on Friday, January 31, 2014 at 7:44pm
  16. Toe-tapper.

    Posted on Friday, January 31, 2014 at 7:51pm
  17. Sore losers!!

    Posted on Friday, January 31, 2014 at 9:06pm
  18. Do they not get it?

    Posted on Friday, January 31, 2014 at 11:15pm
  19. Stupid fundies, you lose. Go back to your cave and read your big book of fairy tales

    Posted on Saturday, February 1, 2014 at 5:35am
  20. stupid assholes trying to ruin my home by taking my right to marry away.

    Posted on Saturday, February 1, 2014 at 11:20am
  21. He should move on with his pathetic life.

    Posted on Saturday, February 1, 2014 at 3:26pm
  22. really, why?

    Posted on Saturday, February 1, 2014 at 9:34pm
  23. Just proves its not really a free country at all when law dictates not who you can love but what your allowed to do with that love once you have found it. A heterosexual couple can have all the fun of telling friends and family they have just got engaged and are planning the wedding of their dreams. ( idealistically of course) but a gay couple… Fight for the right, the fun part is a long way off for some.

    Posted on Saturday, February 1, 2014 at 9:41pm
  24. There needs to be a law in place that makes a person financially liable for trying to pass a bill that has already been found to be unconstitutional at the federal level. These whack jobs are wasting hundreds of thousands of taxpayers dollars over and over in multiple states.

    Posted on Saturday, February 1, 2014 at 9:50pm
  25. Equality is prevailing!!

    Posted on Saturday, February 1, 2014 at 9:52pm
  26. Marriage Equality everywhere!!!

    Posted on Saturday, February 1, 2014 at 9:52pm
  27. The U.S. Supreme Court needs to end this B.S. now. Marriage Equality for all 50 states!

    Posted on Saturday, February 1, 2014 at 9:54pm
  28. Just another stupid BIGOT!

    Posted on Saturday, February 1, 2014 at 10:39pm
  29. Fuck this lawmaker.

    Posted on Saturday, February 1, 2014 at 11:53pm