Gay activists in the Democratic Party of Hawaii said Tuesday they have filed complaints against 11 state House and Senate Democrats for sponsoring a constitutional amendment that would ask voters whether marriage should be defined as between a man and a woman.
The activists claim that by sponsoring bills calling for the constitutional amendment, lawmakers were actively working against the party’s platform, which supports equal marriage rights.
The lawmakers, including Senate President Donna Mercado Kim and House Vice Speaker John Mizuno, could face censure, reprimand or expulsion from the party.
The complaints to the Democratic Party represent the latest skirmish between party activists and elected Democrats over fidelity to the party’s platform.
The disputes have grown over the past several years as Democrats have expanded their majority control over the state Legislature.
"You can’t put the ‘D’ after your name and expect us not to take a stand when you work against the platform," said Michael Golojuch Jr., chairman of the party’s gay, lesbian, bisexual and transgender caucus, which brought the complaints.
Gay activists were disappointed when lawmakers chose not to hear a same-sex marriage bill this session. The bills calling for a constitutional amendment to reserve marriage to heterosexual couples also did not get hearings.
The state Constitution gives the Legislature the right to define marriage, and lawmakers have reserved marriage to heterosexual couples.
The law is being challenged by gay couples in federal court as unconstitutional discrimination. Same-sex and heterosexual couples can obtain civil unions, however, which provide all of the same rights, benefits and responsibilities of marriage under state law.
Kim (D, Kalihi Valley-Moanalua-Halawa), a Catholic, said she personally believes marriage should be between a man and a woman. But she said that lawmakers sponsor bills for a variety of reasons, so there are opportunities for full debates at the Legislature.
"It is a democracy, and everyone has the right to propose legislatio
n," Kim said. "Whether that legislation goes through the process and manages to come out — that is to be determined by the majority. And especially in the case of a constitutional amendment — that’s the right of the voters to vote."
Mizuno (D, Kamehameha Heights-Kalihi Valley), a Christian, also believes marriage should be between a man and a woman. He actually introduced two constitutional amendments — one that reserves marriage to heterosexual couples; one that would legalize gay marriage — so voters could decide.
Many gay activists consider marriage a civil right that should not be subject to the will of voters. Mizuno said he respectfully disagrees.
"It’s the will of the people. Truly you can’t get any closer to that than by allowing all of our voters the ability to shape policy," he said.
In addition to Kim and Mizuno, activists filed complaints against Sen. Mike Gabbard, and Reps. Sharon Har, Henry Aquino, Karen Awana, Ty Cullen, Ken Ito, Calvin Say, K. Mark Takai and Clift Tsuji.
In 2009, Democrats reprimanded Gabbard for actively working against civil unions legislation in violation of the party’s platform.
