History in the Garden of Eden

By David Weiner Advertising Manager

awaii is very close to making history. Instead of being known as the 50th state or the islands of sprawling sugar cane fields, Hawaii is in reach of being the first state to permit gay-marriages.

A Circuit Court judge in Honolulu ruled that the state had failed to show any compelling reason for the ban on single sex marriages. With this decision, the judge declared the ban to be unconstitutional and ordered the state to stop denying marriage licenses to gay couples.

However, the ground breaking decision won't immediately go into effect. An appeal by proponents of the ban are sending the Circuit Court ruling to the state Supreme Court. In the meantime, there is a hold on the ruling until the case goes before the state Supreme Court. The hold is based on the premise that after gay marriages take place, the state Supreme Court won't hear the appeal.

The issue of gay marriage in Hawaii surfaced in the courts during 1993 when three gay couples sued for the right to attain marriage licenses. The State Supreme Court ordered Hawaii to show a "compelling state interest" in maintaining the ban. The recent ruling in the Circuit Court concluded that the state could not demonstrate a compelling interest. If the state Supreme Court repeats its decision on the appeal, Hawaii will be the first state to administer gay marriages.

Focusing on the argument that gay couples are acceptable parents, the lawyers fighting the ban in the Circuit Court relied on many expert witnesses including sociologists and therapists.

The effect of Hawaii recognizing singe sex marriages could have national implications. This ruling will set a precedent for future cases including an overturning of the Defense of Marriage Act passed by Congress and signed by President Clinton during the '96 campaign. Declaring that states are not obliged to recognize single-sex marriages performed elsewhere as well as denying federal recognition of single-sex marriages, the Act was an impactful blow to gay couples.

If Hawaii does make history, the islands could become a haven for gay couples. Lifting the ban on gay marriages would also infuriate many groups, such as The American Center for Law and Justice. Jay Sekulow, an official at the Center, issued a statement that "We're extremely disappointed that Hawaii chose to unravel a 6,000-year-old institution of marriage consisting of a man and a woman".