Tag: "Gay Rights"

Hawaii veto fallout: The fight for equal rights in the Aloha state is far from over

The once-progressive Aloha state seems doomed for Republican takeover, following lame duck Governor Linda Lingle’s veto yesterday of a same-sex civil unions bill passed last month by the state legislature.

Lingle was certain to make the pending veto as agonizing as possible for LGBT couples in the state, who anxiously waited weeks for her to “carefully consider” the bill, then put it on a list of potential vetoes, then slam down the hammer last night.

Hawaii Gov. Linda Lingle vetoed the state's same-sex civil unions bill

Many were hopeful Lingle would simply ignore the bill, making it become law by default.  But she took a different approach altogether, calling her decision “well-reasoned,” and seizing the opportunity to use typical GOP speak, blaming the mostly Democratic legislature for passing the bill without giving the people of Hawaii a chance to vote on it.  Sorry, Lingle, but in a Republic like the United States, the civil rights of a minority are not a matter for the tyranny of the democratic majority to decide.   That’s what our elected representatives in the legislature are there to prevent, and a true Republican should know better.

Just look at what’s happening right now in California following the disastrous 2008 passage of Proposition 8 – it’s left 18,000 married couples in the state in legal limbo, and is the subject of a landmark federal case, Perry v. Schwarzeneggger, which is expected to make its way to the U.S. Supreme Court.

Connecticut School of Law professor John C. Britain wrote a rather compelling article regarding the use of ballot initiatives to decide civil rights.  In it, he notes that “the [Supreme] Court, in a truly Madisonian fashion, guards the interests of the minority against the will of the majority” when considering the use of “direct democracy”, which is espoused by so many conservative Republicans today.

Of course, Lingle’s veto has been applauded by her conservative supporters and counterparts.  Hawaii News Now reports that the two Republican gubernatorial candidates – Lt. Governor James “Duke” Aiona and Honolulu mayor Muffi Hanneman – support Lingle’s decision.  Both agree with Lingle that the people of Hawaii should have the opportunity to vote on the issue.

Abercrombie

However, Democratic candidate Neil Abercrombie, who left Congress to run for Hawaii Governor, issued a statement saying:

“Civil unions respect our diversity, protect people’s privacy, and reinforce our core values of equality and aloha. It will be up to the next governor and legislature to ensure that all people of Hawaii receive equal treatment.”

The ACLU and Lambda Legal are already preparing lawsuits.  Staff attorney Laurie Temple of the ACLU told the AP, “We’re obviously disappointed that Governor Lingle has, once again, used her power to deny the people of Hawaii their civil rights.  Luckily for the people of Hawaii, however, our constitution prevents discrimination based on sexual orientation. If the Governor won’t honor her oath to uphold the constitution, the courts will.”

But it’s going to be a long, uphill battle.  The state legislature has already indicated it will not attempt to override Lingle’s veto, and Aiona, the front-runner in the Governor’s race, came to Lingle’s defense, saying, “To put that kind of pressure on one person, especially during an election year, and knowing how this issue is falling, that’s just totally unfair.”

The San Francisco Chronicle is wondering if gay and lesbian (or all) travelers should boycott the state.  But contributor Jeanne Cooper noted, “Recently I wrote about wedding sites and package providers in Hawaii, and all but one of the representatives I interviewed said they welcomed same-sex couples for commitment ceremonies, and would do the same for same-sex marriages, as soon as those became legal (the other made referrals to a specialist in same-sex ceremonies.)”

Would a boycott of Hawaii really help the LGBT couples who live there and are affected by this decision?  Most of them work in the hospitality industry, which depends heavily on tourism.  A boycott would simply cause them to lose their jobs on top of keeping them second-class citizens in the eyes of the state.  They are the ones we should be thinking about, because they have the most at stake in Hawaii’s already-ailing economy and political environment.

Stay tuned for more as this story develops.