House Bill 444 Would Make 'Partners' and 'Spouses' Equal under Hawai'i State Law

Civil Unions and Same-Sex Marriages from
other States will also be Recognized

By Mary Renee Reuter

On Thursday, February 5, 2009 the House Judiciary Committee passed a measure that could be the first step in bringing same-sex civil unions to Hawai’i. House Bill 444 would “extend the same rights, benefits, protections, and responsibility of spouses in a marriage to partners in a civil union.”

Massachusetts and Connecticut currently permit same-sex marriages, while Vermont, New Jersey and New Hampshire allow civil unions. Under this bill, the state of Hawai’i would legally recognize same-sex marriages and civil unions performed in other states.

HB 444 passed its first reading January 26 earlier this year when it was referred to the JUD. This is not the first time the issue of same sex civil unions has been seen in Hawaii’s legislature.

In 1998, the people of Hawai’i adopted a constitutional amendment that gave the Legislature power to reserve marriage to opposite-sex couples, although the 1993 state Supreme Court ruled that barring same-sex marriages could violate equal protection rights.

Same-sex couples have been able to register with the state Department of Health as reciprocal beneficiaries since 1997. Hawaii’s Reciprocal Beneficiary law, RRS 572C, allows benefits including hospital visitation, health care coverage, and property rights. However, RRS 572 covers all types of relationships, including a brother caring for a disabled sibling, or a daughter caring for an ailing father. Civil unions would apply only to same-sex couples. The language specifically refers to “partners” in a civil union as being equal to “spouses” in a marriage.

The bill was amended by the House to prohibit reciprocal beneficiaries from joining civil unions.

The 16 member House Judiciary Committee approved the bill with 12 affirmatives and four lawmakers excused. The audience erupted into cheers after the vote in the third-floor hearing room at the state Capitol. Some credit the success of the bill to broader support for gay-rights, which now include the hotel workers’ union, and social-service groups.

Most of the testimony against the bill came from religious groups that define a traditional marriage as between a man and a woman. However, the Interfaith Alliance Hawai’i, a collection of religious leaders of various faiths, have been building support for the gay-rights movement, citing that publicly recognized committed relationships are good for the entire community.

The bill has been referred to the Senate’s Judiciary and Government Operations Committee and introduced by Sen. Gary Hooser of the 7th Senatorial District. The JGO Committee is split 3-2 in favor of civil unions.

House Majority Leader Blake Oshiro, a Democrat from the 33rd district that includes Aiea, Halawa Valley, and ‘Aiea Heights, is the bill’s sponsor.