Hawaii poised to become next state to legalize same-sex marriage

Hawaii's Gov. Neil Abercrombie has called a special session to debate legalizing gay marriage. Hawaii was the first state to grant civil unions for same-sex couples, and lawmakers are discussing the benefits of having legal marriage as well.

Oskar Garcia/AP
Hawaii state Sen. Clayton Hee, chairman of the Hawaii Senate Judiciary Committee, speaks at a hearing on gay marriage at the state Capitol in Honolulu on Monday, Oct. 28, 2013.

Hawaii's battle over gay marriage brought state lawmakers back to work Monday after the governor called a special session that could make the islands a wedding destination for more couples.

Some 1,800 people signed up to testify in person at a Senate committee hearing, which was carried live on TV and local news websites. Dozens of people gathered around three televisions in the Capitol rotunda, cheering testimony they agreed with and singing songs.

Opponents of gay marriage solicited honks and shaka signs from passing motorists on the street, staging a large rally of hundreds of people timed with afternoon rush hour.

Gov. Neil Abercrombie called the special session after House and Senate lawmakers couldn't muster the two-thirds support needed to do it themselves. He says passing a bill would put Hawaii in line with two Supreme Court rulings that affirmed gay marriage and granted federal benefits to legally married same-sex couples.

Hawaii already allows civil unions, and some members of a Senate committee questioned Monday whether it was important to also allow gay marriage.

After Hawaii Attorney General David Louie said same-sex couples in civil unions in Hawaii who got married in other states would essentially get similar benefits to couples married under the new law, Republican Sen. Sam Slom questioned the point of debating further.

His comments drew responses of "Amen" from some in the crowd.

But Louie, who supports legalizing gay marriage, said traveling to the U.S. mainland is no small issue, given costs and effort needed to arrange a marriage in other states.

"That is not an unsubstantial burden," Louie said.

Judiciary Chairman Sen. Clayton Hee asked Louie to prepare a report detailing any other tangible benefitsHawaii couples would gain or lose, including implications for taxes, insurance and other federal and state benefits.

Louie promised a response and said a law may have implications for Medicaid and Family and Medical Leave Act benefits.

"I have to tell you, I'm kind of confused now," said Sen. Malama Solomon, who said she didn't know until Monday's hearing that gay couples who legally marry in other states would get only minimal benefits by being allowed to marry in Hawaii.

Proponents say they shouldn't have to wait for gay marriage, calling it a civil right, and have argued gay marriage could be a boon for tourism in Hawaii as an appealing destination for ceremonies and honeymoons.

Opponents say society needs to encourage marriage between men and women, in part to protect children. They also say a religious exemption proposed in the bill doesn't do enough to protect people who don't believe in gay marriage from having to facilitate ceremonies. Other opponents want a public vote, rather than a special session in a Legislature dominated by Democrats.

Nearly 4,000 pages of written testimony were submitted ahead of the hearing, which was held under tight security in a crowded basement auditorium in the Capitol.

Testimony was expected to go into the night with a committee vote to send the bill to the full Senate.

On the House side, Rep. Bob McDermott, a Republican representing Ewa and Ewa Beach, introduced a proposal to amend the Hawaii Constitution to explicitly restrict marriage to between men and women. The constitution currently gives the Legislature the power to decide whether marriage between two people of the same sex should be allowed.

It's not clear whether McDermott's proposal will be heard before a committee. It had been referred to the judiciary and finance committees, but no hearing was scheduled.

Rep. Karl Rhoads, chairman of the House judiciary committee, said a final decision had not yet been made.

The same House committees scheduled a Thursday joint hearing on the Senate bill to legalize gay marriage, presuming it crosses over from the other chamber.

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