Hawaii

The Hawai'i Supreme Court heard arguments Thursday on a challenge to a law authorizing same-sex marriage, the Associated Press' Jennifer Sinco Kelleher reports. The challengers to the law argue that legislators did not have the authority to pass the law because of a constitutional amendment.

Sabrina McKenna, the first openly gay Supreme Court justice in Hawai'i, recused herself.

Two courts rulings regarding same-sex marriage have been issued. A state judge ruled that the law authorizing same-sex marriage in Hawaii is constitutional, BigIslandNow.com reports. A federal judge has authorized a challenge to West Virginia's ban on same-sex marriage to go forward, The Herald-Dispatch of Huntington, WV, reports. The federal judge did strike down a claim involving out-of-state-marriages because "unmarried couples, with no stated desire to marry in another state, lack standing to challenge West Virginia's non-recognition of out-of-state marriages."

The Honolulu Star Advertiser reports on a state legislator who argues a 1998 state constitutional amendment did not only allow legislators to decide whether to authorize or ban same-sex marriage--but altogether prevented elected representatives to expand marriage to same-sex couples. "State Rep. Bob McDermott has filed a new motion in state Circuit Court looking to invalidate the state's new law legalizing such marriages," the newspaper reported. However, the judge held that the 1998 amendment "did not restrict the Legislature's separate authority -- under Article III, Section 1 of the state Constitution -- to enact laws that define marriage," the newspaper further reported.

Hawaii became the 15th state to authorize same-sex marriage with Governor Neil Abercrombie's signature on the legislation, the Los Angeles Times reports. When the bill was in the House, "deliberations lasted for several days and included a committee hearing in which 5,000 people signed up to testify for more than 50 hours, followed by hours of debate on the House floor on nearly 30 proposed amendments."

A court challenge to the same-sex marriage law is already pending. The argument is that legislatively authorizing same-sex nuptials violates a Hawaii constitutional amendment against same-sex marriage. However, Hawaii's attorney general concluded the constitutional amendment authorized legislators to ban same-sex matrimony, but that's a step they didn't take, The LA Times also reported.

Hawaii has passed legislation to authorize same-sex marriage, the Associated Press reports. The governor is expected to sign it. Illinois also has legislation to authorize same-sex marriage, and that will be signed next week.

The Associated Press reported: "The head of Hawaii's Senate judiciary committee said Saturday he expects an amended bill legalizing gay marriage to pass easily in the Senate next week, with no changes to the measure passed by the House Friday night after two grueling floor sessions and a lengthy public hearing." The legislation would allow same-sex weddings to begin on Dec. 2 in Hawaii, the AP also reported.

The Hawaii Senate has passed a bill to authorize same-sex marriage. The bill is expected to pass the House of Representatives too, Reuters reported. If the legislation is enacted, Hawaii could become the 15th state to legalize same-sex matrimony. The bill exempts houses of worship from having to perform same-sex wedding ceremonies.

After a committee in the Hawaii Senate passed a same-sex marriage, "SB 1 now awaits a vote in the full Senate, where it is expected to pass comfortably. It will then be heard by the House Judiciary and Finance committees Thursday morning, where its fate is less certain," The Huffingon Post reported.

Hawaii has started a marathon special legislative session over same-sex marriage in which 1,800 people are expected to testify and 4,000 pages of prepared testimony has been submitted, the Associated Press reports. One special issue for Hawaii is that it is no small thing for same-sex couples to travel to another state to get married elsewhere in the United States: Hawaii Attorney General David Louie testified "that traveling to another state that allows gay marriage is no small issue," the AP reports.