State lawmakers in Hawaii approved a civil union law that would give gay couples some of the benefits of heterosexual marriage, a long-sought victory for LGBT rights advocates. The bill now awaits Republican Governor Linda Lingle's signature, though she has not indicated publicly whether she will sign it into law.
H.B. 444 "extends the same rights, benefits, protections and responsibilities of spouses in marriage to partners in a civil union." The state will also recognize civil unions performed in other jurisdictions.
The senate and house in Honolulu passed the controversial civil union law on April 29, 2010 the final day of this year's legislative session, to the surprise of both LGBT rights groups and conservative religious leaders. Legislators tabled the bill earlier in the session, citing more pressing issues.
Gov. Lingle has 45 days to sign the bill into law, veto the bill, or allow the bill to become law without her signature at the end of the 45-day period. She has not indicated her feelings on the issue.
Long Fight for Civil Union Law
Hawaii has been on the forefront of LGBT rights' groups push for marriage equality. In 1993 the state Supreme Court ruled that denial of marriage benefits to same-sex couples was unlawfully discriminatory -- a then-shocking decision that some LGBT rights advocates blame for 1996's federal Defense of Marriage Act, which prohibits same-sex couples from receiving any federal marriage benefits given to opposite-sex couples.
In 1998, Hawaii's voters approved a state constitutional amendment giving the legislature sole "power to reserve marriage to opposite-sex couples." Same-sex couples were allowed to enter into "reciprocal beneficiaries" agreements.
If passed, H.B. 444 would expand the current legal rights and responsibilities afforded to same-sex couples. According to a statement issued by LGBT legal group Lambda Legal, civil unions will provide "the same legal mechanisms as spouses for securing parent-child relationships, access to family court and clear duties to pay child support and alimony as spouses must, and other vital protections."
Groups Lobby Governor on Civil Union Law
On April 30, supporters and opponents of the civil union law inundated Gov. Lingle's office with e-mails and phone calls. Equality Hawaii, the statewide organization for LGBT rights, urged voters to contact the governor's office and send thank-you notes to the legislators who supported the civil union law. Opponents from religious groups planned a similar call-in campaign rather than large-scale demonstrations against the bill.
If the bill becomes law, Hawaii will be one of six states that allow civil unions, including marriage benefits without marriage equality. Five states and the District of Columbia allow same-sex marriages.
