A federal judge turned down a request by two churches for a court order blocking the enforcement of a new law taking effect Sunday allowing same-sex couples to enter into civil unions.
U.S. District Judge Michael Seabright ruled Friday that the churches’ concerns that they might be fined and face monetary damages under the new law was too speculative for him to grant the request.
Joshua Wisch, spokesman for the attorney general’s office, said as a result of the ruling, the civil unions law known as Act 1 will "go into effect as planned on January 1, 2012."
Despite that, the churches plan to continue pursuing their legal challenge to the law, said their attorney, Shawn Luiz.
"They knew we are in this for the long haul," he said.
The churches that sought the restraining order, Emmanuel Temple and Lighthouse Outreach Center Assembly of God, oppose same-sex civil unions.
Luiz contended that their rights under federal civil rights laws and First Amendment constitutional protections of freedom of religion would be violated under the civil unions law.
While the law exempts churches from performing same-sex civil unions, the two churches still would be liable under state anti-discrimination laws for fines and money damages if they refuse to rent their property for civil union ceremonies, Luiz argued.
State lawyers opposed the request.
They said the two churches are not alleging that anyone has sought to rent their facilities for same-sex civil unions.
The state argued that the churches’ "fears are just that, fears," and were not an appropriate basis for Seabright to issue a restraining order.
In a 17-page opinion, Seabright said any threat of enforcing the anti-discrimination laws against the churches is "highly speculative."
"No one has asked plaintiffs to use their facilities for a civil union. No one has inquired about such use in the days following Act 1’s effective date," he said.
"Plaintiffs cannot say when and under what circumstances such a request might be made. Although they suggest that they will refuse to make their facilities available if asked, it remains speculative when, to whom, and under (what) circumstances that might occur."
The judge also said a couple denied a request to rent facilities would have to complain to the Hawaii Civil Rights Commission, and the state authorities would have to agree to proceed against the two churches.
He said none of that has occurred.
Luiz said the churches will now pursue a trial on the lawsuit, which might be held in late 2012.
If the state tries to sanction his clients for not renting out the facilities, he said they will challenge that move as part of the federal court case.
Hawaii News Now video: Judge denies bid to stop civil unions