State of Hawaii
Report of the Commission
on Sexual Orientation
and the Law

    Chapter 2 Footnotes

  1. Act 5, Section 3, paragraph (2), Session Laws of Hawaii 1995.
  2. "The right to marry, like many other rights, is subject to substantial restrictions as a result of incarceration. Many important attributes of marriage remain, however, after taking into account the limitations imposed by prison life. First, inmate marriages, like others, are expressions of emotional support and public commitment. These elements are an important and significant aspect of the marital relationship. In addition, many religions recognize marriage as having spiritual significance; for some inmates and their spouses, therefore, the commitment of marriage may be an exercise of religious faith as well as an expression of personal dedication. Third, most inmates eventually will be released by parole or commutation, and therefore most inmate marriages are formed in the expectation that they ultimately will be fully consummated. Finally, marital status often is a precondition to the receipt of government benefits (e.g., Social Security benefits), property rights (e.g., tenancy by the entirety, inheritance rights), and other less tangible benefits (e.g., legitimation of children born out of wedlock). These incidents of marriage, like the religious and personal aspects of the marriage commitment, are unaffected by the fact of confinement or the pursuit of legitimate corrections goals." Turner v. Safley, 107 S.Ct. 2254, 2265. [Emphasis added.]
  3. See Note 1.
  4. Article 1, Section 5, State of Hawaii Constitution; and

    Section 1, Article 14, Amendments to the United States Constitution states:

    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of its jurisdiction the equal protection of the laws.
  5. Article 1, Section 5, State of Hawaii Constitution.
  6. Article 1, Section 3, State of Hawaii Constitution.
  7. Baehr, 74 Haw. at 557-558.
  8. See Marcosson, Samuel A. "The 'Special Rights' Canard in the Debate Over Lesbian and Gay Civil Rights," Notre Dame Journal of Law, Ethics & Public Policy, 1995, Vol. 9, No. 1.
  9. Baehr v. Lewin, 74 Haw. 530, 562, 563, 567-70 (1993).
  10. See Minutes of October 11, 1995 for testimonies of Steven Michaels, Esq. and Daniel Foley, Esq. See Minutes of October 25, 1995 for testimonies of Jon Van Dyke, Esq., Frederick Rohlfing, Esq., and Thomas F. Coleman, Esq.
  11. Loving v. Virginia 388 U.S. 1, at 3, 7, 8 (1967).
  12. See Minutes of October 11, 1995, pg. T-23, for testimony of Dan Kehoe, Ph.D., and pg. T-76 for testimony for Mike Gabbard.
  13. See Minutes of November 8, 1995, pgs. 2 and T-3 and T-43 for testimony of Dr. Robert Bidwell, and attached in Appendix I.
  14. A partial list includes Quakers, Metropolitan Community Church, Unity, Universalist-Unitarians, Dignity USA, and Buddhists.
  15. See Minutes of September 27, 1995, pgs. T-10 to T-22, for testimonies of Sumner La Croix, Ph.D. and Jim Mak, Ph.D. and Minutes of October 11, 1995, pgs. T-35 to T-56 for testimony of Moheb Ghali, Ph.D.
  16. Brown, Jennifer Gerarda "Competitive Federalism and the Legislative Incentives to Recognize Same-Sex Marriage," Southern California Law Review, Volume 68, 1995, pgs. 745-839.
  17. Brown at 755.
  18. See Minutes of October 11, 1995 for testimonies of Sumner La Croix, Ph.D. and Jim Mak, Ph.D. and attached in Appendix I.
  19. Id.
  20. Drummond, Tammerlin. "Not in Kansas Anymore," Time, September 25, 1995, pgs. 54-55.
  21. See Minutes of October 25, 1995.
  22. Five Hawaii Polls on Legalizing Same-sex Marriage compiled by an unknown source, attached in Appendix G.
  23. See Minutes of September 27, 1995, pg. 7, for testimony of Daniel Foley, Esq.
  24. See Minutes of October 25, 1995, for testimony of Thomas F. Coleman, Esq.
  25. Baehr v. Miike, Circuit Court of the First District, State of Hawaii, Civil No. 91-1394-05 is the new caption for the ongoing case of Baehr v. Lewin which was remanded for trial by the Hawaii Supreme Court. Since that ruling, the State administration has changed and John Lewin is no longer the Director of Health. The case at trial now has been officially changed and is now captioned as Baehr v. Miike. Dr. Miike is the current Director of Health under the Cayetano administration.
  26. See Note 122 for the explanation of the difference between the Baehr v. Lewin case and the Baehr v. Miike case.
  27. See Minutes of September 27, 1995, pg. 7, for testimony of Steven Michaels, Esq.
  28. Article 1, Section 6, Hawaii State Constitution, see Note 1 for exact language.
  29. See Minutes of September 27, 1995, pg. 7, for testimony of Steve Michaels, Esq.
  30. See for example section 386-2, Hawaii Revised Statutes (1993) defining "child" to include a hanai child. See also sections 346- 71, Hawaii Revised Statutes (1993 and Supp. 1995), and section 79- 14, Hawaii Revised Statutes (1993).
  31. See Minutes of October 11, 1995, for testimony of Father Mark Alexander, Dan Kehoe, Bishop Richard Lipka, Reverend John Boaz, and Chaplain Mary Woodard.
  32. See Minutes of October 11, 1995, testimonies of Robert Aiken, Reverend Joris Watland, Diana Paw U, Reverend Bob Nakata, Reverend Donald K. Johnson and Sister Joan Chatfield.
  33. See Minutes of October 11, 1995, pgs. 14, 15, and T-92, for testimonies of Leon Siu and Paul Kamanu.
  34. Kame'eleihiwa, Lilikala. Native Land and Foreign Desires: Pehea La E Pono Si?, Bishop Museum Press, Honolulu, 1992, pgs. 160-161.

Chapter 2 Table of Contents