HI Gov Lingle (R) Vetoes Civil Unions Bill

I just got back in the country and one of the first news stories I hear is that Republican Governor of Linda Lingle of Hawaii, who has been divorced twice, has vetoed her state's civil union bill.

Joe.My.God has posted the video of Lingle's statement and also has great coverage of reactions from LGBT organizations.

Here is the full text of her statement:

After months of listening to Hawaii’s citizens express to me in writing and in person their deeply held beliefs and heartfelt reasons for supporting or opposing the Civil Unions Bill, I have made the decision to veto HB 444.

I have been open and consistent in my opposition to same gender marriage and find that HB 444 is essentially marriage by another name. However, I want to be clear that my personal opinion is not the basis for my decision against allowing this legislation to become law. Neither is my veto based on my religious beliefs or on the political impact it might have on me or anyone else of either political party in some future election.

I am vetoing this bill because I have become convinced that this issue is of such significant societal importance that it deserves to be decided directly by all the people of Hawaii.

The subject of this legislation has touched the hearts and minds of our citizens as no other social issue of our day. It would be a mistake to allow a decision of this magnitude to be made by one individual or a small group of elected officials. And while ours is a system of representative government it also is one that recognizes that, from time to time, there are issues that require the reflection, collective wisdom and consent of the people and reserves to them the right to directly decide those matters. This is one such issue.

The legislative maneuvering that brought HB 444 to an 11th hour vote, on the final day of the session, via a suspension of the rules, after legislators lead the public to believe that the bill was dead, was wrong and unfair to the public they represent. After eight years of observing members of the Majority Party manipulate the legislative process when it suits them, I initially accepted their actions as business as usual. That was wrong too.

There has not been a bill I have contemplated more or an issue I have thought more deeply about during my nearly eight years as governor than HB 444 and the institution of marriage. After listening to those both for and against HB 444 I have gained a new appreciation for just how deeply people of all ages and backgrounds feel on this matter, and how significantly they believe the issue will affect their lives.

Few could be unmoved by the poignant story told to me in my office by a young, Big Island man who recounted the journey he had taken to bring himself to tell his very traditional parents that he was gay. I was similarly touched by the mother who in the same office expressed anguish at the prospect of the public schools teaching her children that a same gender marriage was equivalent to their mother and father’s marriage.

In addition to meeting in person with citizens of differing opinions, I have read legal memos on both sides of the issue, some urging me to veto the bill because of unintended consequences and guaranteed years of court battles while others urged support for what they consider a legally sound bill that grants long overdue civil rights. But in the end, it wasn’t the persuasiveness of public debates, the soundness of legal arguments, or the volume of letters and emails that convinced me to reach this decision. It was the depth of emotion felt by those on both sides of the issue that revealed to me how fundamental the institution of marriage is to our community. It is as fundamental to those who support marriage between two people of the same gender as it is to those who support marriage only between one man and one woman.

This is a decision that should not be made by one person sitting in her office or by members of the Majority Party behind closed doors in a legislative caucus, but by all the people of Hawaii behind the curtain of the voting booth.

As difficult as the past few weeks have been, I am comfortable with my decision while knowing full well that many will be disappointed by it. And while some will disagree with my decision to veto this bill, I hope most will agree that the flawed process legislators used does not reflect the dignity this issue deserves, and that a vote by all the people of Hawaii is the best and fairest way to address an issue that elicits such deeply felt emotion by those both for and against.

I have done my very best to reach a reasoned decision in a manner that brings honor to the political process and that I hope a majority of people believe reflects the values of Hawaii.

Evan Wolfson, executive director of Freedom To Marry and previoulsyco-counsel in the landmark 1993 Hawaii marriage case Baehr v. Lewin called Lingle's statement "profoundly disingenuous" and called for the state legislature to over-ride the veto of HB444. Other groups announced plans to sue Hawaii (again).

Lambda Legal Threatens HI Gov Over HB 444 Veto

Lambda Legal and the ACLU have warned Republican Governor Linda Lingle of Hawaii not to veto HB444, the civil unions bill currently sitting on her desk which she placed on a "potential veto list" on Monday.

Lambda Legal and ACLU to Governor: Do Not Veto HB444

(Honolulu, June 21, 2010) - Today, in a notification letter to the
Legislature, Governor Linda Lingle included HB 444 in a list of bills she
may veto. This notification has prompted a renewed call from civil unions
supporters for her to allow the bill to become law.

"This notification states only that the Governor wants additional time to
make her decision on civil unions. The time has never been better for
everyone who supports fairness to contact the Governor and renew our voice
for civil unions in Hawaii," said Jennifer C. Pizer, Senior Counsel for
Lambda Legal, speaking for both groups. "The governor has said she is
considering civil unions with an open mind, and we have seen her make an
effort to hear both sides. A wide array of business, religious and
community leaders have voiced their support for civil unions – explaining
how civil unions will benefit Hawaii's economy and strengthen our families
as has already happened in eight other states. We trust that she will
listen to this ever-growing chorus of support and will act on behalf of the
State in the best interest of all Hawaii by signing HB 444 into law."

Hawaii's constitution was amended in 1998 to allow the Legislature to
restrict marriage to heterosexual couples, which it has done. Same-sex
couples therefore cannot pursue full equality by seeking marriage through
the courts. Although civil unions are a lesser status than marriage, they
will provide a full range of state law protections and duties to gay and
lesbian couples, such as access to family court to dissolve the legal
status in an orderly way, clear duties to pay child support and alimony as
spouses must, and other vital protections. Bills to offer civil unions
have been under steady consideration in the Hawaii Legislature each year
since 2001.

Potential veto lists like the one issued today are part of the standard
legislative process. This list formally notifies the Legislature that
potential vetoes exist. In turn, the Legislature can consider reconvening
to exercise its right to override any veto(es). Governor Lingle has until
July 6 to accept or veto each of the bills on today's list, including HB
444.

As Rod 2.0 notes, the bill passed the State Senate by a veto-proof majority but only passed the State House (months after it was presumed dead) by a 31-20 vote.

Hawaii Legislature Sends Civil Unions Bill To Gov

The Hawaii Assembly completed work on HB444 by approving the measure by a vote of 31-20 months after rejecting the measure almost exactly three months ago. The bill passed the Senate by a veto-proof majority and in 2009 had passed the House by a veto-proof majority. Republican Governor Linda Lingle has not said whether she would sign the bill into law or not.
If HB444 does become law, Hawaii would join Oregon, Washington, California, New Jersey and Nevada who have comprehensive "everything but marriage" statutes.

BREAKING NEWS: HI Civil Unions Bill Killed

Whoa! Another stunning defeat for LGBT activists on the question of relationship recognition has apparently occurred in Hawaii a few hours ago:

HONOLULU – Equality Hawaii, the state’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, and the Human Rights Campaign, the nation’s largest LGBT civil rights organization, today denounced the Hawaii State House for failing to take up and pass HB 444 SD1, the state Civil Unions bill. The bill would have provided that the equal rights and responsibilities of married couples in Hawaii are afforded to thousands of non-married couples in the state. The House voted by voice vote to postpone the bill indefinitely, effectively killing the bill for the session.

“We’re sorely disappointed that the Hawaii State House refused to take action on the Civil Unions bill,” said Tambry Young, Co-Chair of Equality Hawaii. “Today, the House put its own political interests before the interests of Hawaii’s families and that’s bad policy and bad politics. We pledge that this fight is not over, and we will continue in our efforts to see true equality in our state.”

The decision by the House comes on the heels of swift action in the Senate which saw the bill pass by an 18-7 vote on January 22. House Speaker Calvin Say suggested earlier in the week that the House may not be willing to reconsider the bill if the majority could not garner enough votes to override a possible veto from the Governor. The Governor has never made a veto threat on the topic of Civil Unions.

“We’re stunned that the Hawaii State House would act contrary to their previous position of strongly supporting this bill,” said Joe Solmonese, President of the Human Rights Campaign. “We thank all those who advocate for equality in the Aloha State, especially our friends in the legislature and Equality Hawaii. We have been a proud partner with Hawaii’s fair-minded residents for decades and will continue to stand by their side in the struggle for equality.”

“This fight is not over and we will ultimately prevail,” said Alan Spector, Legislative Affairs Co-Chair for Equality Hawaii. “It is simply unfathomable that politics and election considerations would supersede honor, integrity and common-sense. Today, these Representatives did not represent their constituent’s families – shame on them.”

Just a week ago Hawaii's State Senate has passed HB444 by a veto-proof majority and the battle in the House was expected to be about whether the vote would be veto proof, not whether it would come to a vote or pass.

Presumably, once the Democrats realized that they did not have the votes to actually enact the legislation they decided to kill the bill completely.

Hawaii Senate Passes Civil Unions Bill 18-7

Big news from Hawai'i! The State Senate passed a bill to allow both same-sex couples and opposite-sex couples to enter into civil unions by a veto-proof majority of 18-7.

The bill would allow same-sex and heterosexual couples to enter into civil unions and receive the same rights, benefits and responsibilities as marriage under state law.

The state House passed a civil-unions bill last session that would only apply to same-sex couples. House leaders have said they would wait and see what the Senate vote was before deciding whether to move forward on the Senate version of the bill.

[...]

State House Speaker Calvin Say, D-20th (St. Louis Heights, Palolo Valley,Wilhelmina Rise), said majority Democrats will likely meet on Monday in private caucus to decide how to proceed. Say said one of the factors will be whether the House can muster a two-thirds' majority -- 34 of 51 lawmakers -- to override a veto. The House voted 33 to 17 last session on civil unions, with one lawmaker absent. Say described the vote count now as close.

Say, who supports civil unions, said he would recommend that the House not attempt to address a technical flaw in the Senate version and decide simply whether to send the bill to the governor.

The bill has a technical flaw which claims that if enacted, it would go into effect on January 1, 2010. If the House does pass it by a veto-proof majority without amending it, the State Attorney General has issued an opinion saying that the bill is still constitutional.

Republican Governor Linda Lingle has refused to say whether she would veto the bill or not.

Hat/tip to Rod 2.0.

Take Action To Help Pass Civil Unions In Hawaii

The Stonewall Democrats, a national organization of LGBT Democrats have an easy way of taking action to support efforts in Hawaii to get civil unions. You can take action by clicking on the image above.

Here is what I wrote in my letter to the Hawaii State Senate, encouraging them to pass SB 444, a bill to enact civil unions in the Aloha State:

Please do the right thing and don't allow 3 senators in one committee prevent equal access to marital benefits to thousands of Hawaiians by passing civil unions legislation.

After doing so, you can send the following messages to people on your email lists:

Hawaii may be on its way to becoming the fifth state to legalize same-sex cvil unions, but they need our help.

I just signed a petition urging the state's Democratic leaders to push the legislation up for a vote before the full Senate (its currently stuck in committee), But in order to make a real impact we need a bunch of signatures a lot more signatures. Would you sign the petition too?

You can check out the specifics and signup here:

http://stonewalldemocrats.org/hawaiisenatepetition

Remember, Hawaii was the very first state to pass a constitutional amendment to allowing the state to ban same-sex marriages back in 1998. Just imagine what kind of message it would send equality opponents to make that same state the fifth in the country to legalize same-sex civil unions.

Will you join me in fighting for equality and urging Hawaii Democratic leaders to push civil union legislation up for a vote before the full state Senate? All you need to do is click the link below:

http://stonewalldemocrats.org/hawaiisenatepetition

Thanks for everything!