Topic > Gay, Lesbian, and Bisexual Issues - Same-sex marriage

Same-sex marriageThe topic of same-sex marriage is important, not only because of religious and legal precedent, but because the well-being of families, particularly the interests of children now and in the future, could be profoundly affected by proposals advanced by Hawaii's courts and state legislature regarding same-sex marriage. Marriage is a unique practice, as it is both a religious sacrament and a state-controlled legal registration. For the moment, marriage is defined "by 84% of the population as the union of two people of the opposite sex" (Johnson p.49). Therefore, by definition, marriage must be of different sex. Whereas the definition of homosexuality is “exhibiting sexual desire towards another of the same sex” (Webster's New World Dictionary p.673). Throughout human history, according to religious tradition and as a matter of natural law, marriage has been linked to potential procreative sexuality, which is a monopoly held by heterosexual couples. Under this definitional objection, “the state cannot recognize something that is impossible” (Eskridge p.87). ) have applied for marriage licenses from the State of Hawaii. They then challenged the state's decision in court. This set in motion a chain of events: The case was appealed to the Hawaii Supreme Court (Baehr v. Miike; Action No. 15689) which ruled on May 27, 1993 that the state's refusal to grant marriage licenses it was unconstitutional. It violated the equal protection guarantees of the Hawaiian Constitution (Article I, Section 5) against gender discrimination. The court sent the case back to the Circuit Court, saying that licenses should be issued to same-sex couples unless the state can show a compelling interest in prohibiting such marriages" (Hawai'is Future Today). The Hawaii Legislature passed a bill in 1994 stating that "the policy of the state is that marriage shall be permitted only between one man and one woman" (Hawai'is Future Today, December 3, 1996, Judge Kevin Chang issued a 46-page ruling. He determined that "the State of Hawaii has failed to demonstrate a compelling state interest to justify the continuation of the ban against same-sex marriages" (Chang). same-sex cases are now theoretically legal in Hawaii. However, the state refused to recognize the court's decision until it was formally filed. The attorney general obtained a stay of Judge Chang's order, pending the Court's decision Supreme of the state.