Same Sex Marriage

[Garland Davis]

I just finished reading, with great interest, the forum on Hawaiian Entitlements. I'm sure that topic will receive a lot of attention here and at a ConCon.

I also beleive Same Sex Marriage will consume a lot of time and attention.

I beleive the Hawaii State Constitution should define marriage as a union between one man and one woman.

I am interested in other opinions.

[Kaunaloa]

the current article I, section 23 -- "The legislature shall have the power to reserve marriage to opposite-sex couples"

I see no reason at present to alter this text ...

[Garland Davis]

Without a specific statement in the constitution, the courts can legislate this as they have in Massachusetts and California.

[Kaunaloa]

respectfully disagree; not sure how any court, no matter how activist, can contradict such clear text ...

[Dan L.]

Kaunaloa cited a "specific statement in the constitution." It's far better for a constitution to do as Art. I Sec. 23 does, which is empower the legislature to do something, than to engrave a position in the stone of the constitution.

Courts cannot overturn constitutional clauses. If the constitution specifically authorizes the legislature to do something, and the legislature does it, no court can reverse it. (Unless, of course, there is a Federal decision, because Federal law trumps state constitutions.)

[dekepalo]

Hm these people must be a threat to suppress their freedom. Man is born free until he is chained by his society. I am not threatend by same-sex marriage at all. Who cares pay their taxes and abide by the law, thats all.

[Auhea]

Being afraid of "mahu's" is silly and should have been pushed off the Pali long time ago. Grass shack mentality in this modern world.