RE: Hawaii decision re: same sex marriage

FAW@USDCSV.ACUSD.EDU
Date: 05/07/93


I, also, would like a copy of the Hawaii Supreme Court decision - so if
anyone knows the source, please post it on the list. see story:

According to yesterday's papers (actually Reuters: May 6, 1993) Hawaii's
Supreme Court ruled that the state ban on homosexual marriages was
"presumed to be unconstitutional" and sent the case back to the Hawaii
Circuit Court for further consideration. The ruling said that to overcome
the Suprme Court's presumption, the state must show a "compelling state
interest" in keeping the ban and must show why the ban does not infringe on
the constitutional rights of homosexual couples. Ass't Justice Levinson,
who wrote the majority opinion, said the gender of either partner in a
marriage should not matter in the state's recognition of a legal union.

The opinion has not been put on line yet, so I have not seen the full text.
But it looks like Hawaii might be the first state to possibly recognize gay
marriages.

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