The state House is preparing to take a critical procedural vote today on a bill that would allow same-sex couples to marry but would expand a religious exemption.
Several lawmakers are expected to push for amendments that would broaden the religious exemption even further, which, if successful, could put the House version of the bill in sharp conflict with the Senate’s and possibly prolong the legislative special session.
The House Judiciary and Finance committees agreed to advance a marriage equality bill Tuesday evening after an unprecedented hearing that lasted about 56 hours over five days. More than 1,000 of the 5,184 people who had signed up to testify showed up at the state Capitol to speak to lawmakers, and the overwhelming majority were opposed to the bill, mostly for religious reasons.
"I think it’s probably the longest hearing ever in the history of Hawaii," said Rep. Karl Rhoads (D, Chinatown-Iwilei-Kalihi), chairman of the House Judiciary Committee.
Although many religious conservatives complained they were not being heard, Rep. Sylvia Luke (D, Punchbowl-Pauoa-Nuuanu), chairwoman of the House Finance Committee, said the amendments to the bill were in response to testimony lawmakers had received.
The religious exemption in the House bill is modeled after Connecticut law, which is considered among the broadest of states that allow gay marriage. Clergy would not be required to perform gay weddings, a right protected by the federal and state constitutions. Religious organizations as well as nonprofits aligned with religious organizations would have an exemption from the state’s public accommodations law and could refuse to provide goods, services, facilities or grounds for weddings or wedding celebrations that violate religious beliefs.
The bill would also strip a section in the Senate’s version that applied to parental rights. Some lawmakers were concerned about how Native Hawaiian ancestry might be recorded for the children of same-sex couples.
Gay couples would be able to marry starting Dec. 2 — instead of Nov. 18 — to give the state Department of Health adequate time to prepare.
Gov. Neil Abercrombie and state Attorney General David Louie issued a joint statement Tuesday night supporting the amendments. The religious exemption in the House bill is much broader than in the draft Abercrombie had recommended to the Legislature.
"We support the principle that any measure on marriage equity must protect religious freedom, which the Legislature has clearly worked to achieve. The bill as amended is legally sound and is in accord with the Hawaii State Constitution," Abercrombie and Louie said. "We urge the Legislature to pass this bill, which will provide marriage equity and fully recognize religious beliefs in that context."
The House will consider the bill on second reading today, which will gauge the degree of support in the chamber. If the bill advances, a final vote would be taken Friday.
"We should have enough votes to pass this," House Majority Leader Scott Saiki (D, Downtown-Kakaako-McCully) said.
The Senate, which approved its version of a same-sex marriage bill last week, would review the bill again if it clears the House. Senators could agree to accept the House version Tuesday and send the bill to Abercrombie, or could disagree, triggering a House-Senate conference committee to resolve the differences.
House and Senate leaders have said they prefer to avoid conference committee, which would extend the special session and could create enough discord to threaten the bill’s passage.
Rep. Marcus Oshiro (D, Wahiawa-Whitmore-Poamoho) said he would likely propose several amendments today. He may attempt to force votes on a constitutional amendment that would let voters decide whether to preserve traditional marriage, an expanded religious exemption that could include individuals and small businesses, a state version of the federal Religious Freedom Restoration Act, and an inseverability clause that would invalidate the law if one provision — such as the religious exemption — were struck down by the courts.
Rep. Gene Ward (R, Kalama Valley-Queen’s Gate-Hawaii Kai) will likely propose an amendment that would allow parents and teachers to opt out of school instruction on homosexuality.
For many House members the committee vote was the first time they had made public their opinion on gay marriage, and several struggled with emotion and the weight of history.
Illinois — President Barack Obama’s home state — on Tuesday moved to the brink of becoming the 15th state plus the District of Columbia to legalize gay marriage. Hawaii — the president’s birth state — could soon be the 16th state.
Many lawmakers were moved by the testimony from Christians who told them that marriage equality should not come at the price of religious liberty.
Rep. Sharon Har (D, Kapolei-Makakilo) said not expanding the religious exemption to individuals and small businesses could "fundamentally change society and turn our Hawaii nei into arguably a totalitarian state."
A tearful Rep. Mele Carroll (D, Lanai-Molokai-Paia-Hana), who many thought would support the bill, explained that she could not because she thinks lawmakers have not given the issue enough time.
Carroll, whose younger sister is a lesbian, scolded what she described as the arrogance of gay rights activists who have pressured and threatened her.
"Shame on you for doing that," she said. "And I am a Democrat. But that’s the ugly that came out of this process."
Carroll appealed for healing. "But just remember we’re all not perfect, and we all have an agenda," she said. "But the most important thing: We live in Hawaii. And we have to learn to live with one another. So if we can move forward after this day, however it goes, just remember, we love each other. And that’s the most important thing that will move us through this issue."
Rep. Kaniela Ing (D, South Maui), a Christian, said he grew up being taught that homosexuality was wrong but learned differently after meeting gay friends and studying psychology and genetics. He asked younger Christians to join him in a forming a more tolerant church view that reflects the spirit of aloha.
"They are the way they are," Ing said of gay and lesbian couples. "Shouldn’t we allow them to love who they love?"
Rep. Gregg Takayama (D, Pearl City-Waimalu-Pacific Palisades) said he recently celebrated his 38th wedding anniversary. He said he was struck by many opponents of gay marriage who spoke of personal rights but would deny the right of gay couples to marry.
"For me personally, I interpret the right to pursue happiness as giving gay couples the right to marry if they wish," he said. "And I feel confident that giving them this opportunity to do so will not weaken my marriage or any of yours in the years ahead."
