Hubris is defined in the Merriam-Webster Dictionary as exaggerated pride or self-confidence. Abuse of power can mean exercising utter disregard of a sacred trust. Article One, Section 1 of the Hawaii Constitution states that “All political power of this State is inherent in the people and the responsibility for the exercise thereof rests with the people. All government is founded on this authority.”
In the 2020 Legislature, there has been a 10-car pile-up on these concepts, and you are the victims.
Senate Bill 2539, a bill making its way through the process, pits Hawaii against the federal government and the United States Supreme Court decision in the Hobby Lobby case prohibiting the government from forcing businesses to purchase objectionable health insurance coverage for employees.
In order to protect the abortion industry (a huge financial contributor to the Democratic Party and its politicians), the Legislature found in SB 2539 that it necessary to stop the federal government protections of civil rights related to the Hobby Lobby case by passing a new law specifically requiring all health insurance policies to explicitly cover abortion services and abortifacient medications.
That is evidence of the hubris of the Hawaii Senate and its 96%-solid Democrat senators.
The abuse of power by the Senate, at this point is focused on the Senate Judiciary Committee. The Senate assigned SB 2539 for hearing before both the Consumer Protection and Judiciary committees. The Consumer Protection Committee scheduled the bill for hearing Feb. 4 and then deferred it to a future hearing date, Feb. 7. The committee heard the bill and proposed amendments. The Senate Judiciary Committee then scheduled the bill for a hearing on Feb. 25, but announced that the committee would not hear testimony in person at the hearing. The hearing was not a hearing at all. It was more like a meeting — er, a muting.
So why did the Senate Judiciary Committee want to avoid having to listen to citizens voice their concerns at the “hearing”? What legal issues before the Judiciary Committee could have come up? First, the whole issue of pitting the folks in Hawaii against their federal rights announced by the U.S. Supreme Court. Democrats don’t like the Hobby Lobby decision. Democrats don’t like what President Donald Trump is doing through the executive branch concerning tax funding of abortion.
But there is an even more insidious reason the Senate Judiciary Committee did not want to hear about opposition to SB 2539. In addition to the mandated funding of abortion services through health insurance policies, SB 2539 also added five new sections to the statutes prohibiting discrimination in medical insurance statutes.
Guess what? The protected groups include only: race, color, national origin, sex, gender identity, sexual orientation, ag or disability.
Notice what’s missing? One of the original categories in every list of protected classes since the Founding Fathers has been excluded. Which category? Religion. Yes — the Senate wants to force you to pay for abortion services for other people, but won’t include religion as a basis to protect you from discrimination.
So the Legislature wants to pass this bill but protect the committee members from having to face you in the hearing. That is hubris and an abuse of power. The State Constitution announces in Article I Section 4 that “No law shall be enacted … abridging … the right of the people … to petition the government for a redress of grievances.”
Can’t we band together and put a stop to this? It is up to you.
James Hochberg is an attorney and president of Hawaii Family Advocates.