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HAWAII

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Bullying
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  Health, Medical
HIV/Aids
Homosexuality
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Parenting
  Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

State

§707-730 Sexual assault in the first degree

(1) A person commits the offense of sexual assault in the first degree if:

(a) The person knowingly subjects another person to an act of sexual penetration by strong compulsion;

(b) The person knowingly engages in sexual penetration with another person who is less than fourteen years old; or

(c) The person knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that:

(i) The person is not less than five years older than the minor; and

(ii) The person is not legally married to the minor.

Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices.

(2) Sexual assault in the first degree is a class A felony [R1.1].

R1.1 Hawaii Revised Statutes: Part V Sexual Offences
Aging, Bioethics, Health, MedicalLegislation/Cases/References
1.

National

On 25 May 2018, Governor David Ige reportedly signed bill HB2084 HD2 SD1 into law banning gay conversion therapy for minors [R1.2].

On 26 April 2016, the legislature passed bill HB2084 HD2 SD1 prohibiting all insurers in the State, including health insurers, mutual benefit societies, health maintenance organizations, and health benefits plans under chapter 87A, Hawaii Revised Statutes, from discriminating with respect to participation and coverage under a policy, contract, plan, or agreement against any person on the basis of a person's actual gender identity or perceived gender identity. The Bill has been transmitted to the Governor for signing into law. The Act takes effect upon its approval subject to certain sections come into effect on or or after 01 January 2017 [R1.1].

R1.2 TheHill: Hawaii governor signs law banning gay conversion therapy 25 MAY 18
R1.1 ABCnews: Hawaii Bill Bans Discrimination Against Transgender Patients 26 APR 16
Children: Access, Custody, VisitationLegislation/Cases/References
1.

Courts & Tribunals

On 03 November 2016, the Hawaii Supreme Court ruled unanimously that a family court judge made the wrong call in denying joint custody to AA and BB, two men who were never married but agreed to co-parent a child after they split up. The Court ruled that whether or not AA and BB married is not relevant in the case, the family court judge should have inquired into whether AA satisfied the de facto custody test and whether joint custody is in the child's best interest – by determining whether AA and BB raised the child in a ''stable and wholesome home'' and if AA is a ''fit and proper person'' [C1.2], [R1.1].

C1.2 Opinion: AA v. BB SCAP-15-0000022 PDF 167.25kb 03 NOV 16
R1.1 CourthouseNewsService: De Facto Custody Rule Survives Challenge in Hawaii 08 NOV 16
Civil Unions, Partners Legislation/Cases/References
See also: [INHERITANCE] [MARRIAGE] [PROPERTY]
1.

State

On 23 February 2011, Governor Neil Abercrombie signed into law a bill allowing same-sex civil unions, making Hawaii the seventh US state to grant essentially the same rights as marriage to gay couples, commencing 01 January 2012 [L1.19], [R1.19].

Previously:

On 16 February 2011, the Senate passed the final version of a civil unions bill by an 18–5 vote. The bill will now go to Gov. Neil Abercrombie [R1.18], who will reportedly sign it into law on 24 February 2011. The provisions come into effect on 01 January 2012 [R1.17].

On 14 February 2011, the Senate accepted minor amendments to clarify that civil union partners could file state taxes jointly and get divorced in family court [R1.16].

On 11 February 2011, the House of Representatives passed a bill to legalize civil unions in the state with a vote of 31–19. The state Senate passed the same bill last month. Governor Neil Abercrombie is expected to sign the bill into law [R1.15]. Transmitted to Senate. The Bill will take effect 01 January 2012 if signed into law by the Governor [R1.14].

On 08 February 2011, the House judiciary committee approved civil unions legislation in a 11–2 vote [R1.13].

On 28 January 2011, the Senate passed the Bill SB 232 by a vote of 19 to 6. The bill establishes civil unions in Hawaii and grants unmarried couples more rights and benefits including tax benefits. The bill moves to the House where it is expected to pass. Governor Neil Abercrombie, D-Hawaii, has pledged to sign the measure [R1.12].

On 25 January 2011, the State Senate Judiciary Committee passed a civil unions bill (SB232 PDF 98.84kb) 3–2, bringing it another step closer to Governor Neil Abercrombie's desk where he said he will sign it. The bill offers the same benefits and responsibilities to unmarried gay couples that are given to married couples [R1.11].

In July 2010, Governor Linda Lingle vetoed the bill that would legalize same-sex civil unions in the state [R1.10].


On 29 April 2010, the House voted 31–20 in favor of the legislation that would grant gay and lesbian couples the same rights and benefits that the state provides to married couples if Republican Gov. Linda Lingle signs it into law [R1.9].


On 29 January 2010, the State House declined to vote on a bill that would have allowed same-sex civil unions, effectively doing away with the measure [R1.8].


On 22 January 2010, state Senate approved a bill that would legalize civil unions by a vote of 18–7. The state house will now consider the amended bill, HB 444 SD1 [R1.7].


In February 2009, the Senate Judiciary Committee voted 3–3 on new legislation that would allow gay and lesbian couples in Hawaii to form a civil union. The bill is likely to advance towards a full Senate vote [R1.6].


In February 2009, a new law that would allow gay and lesbian couples to form a civil union was approved by the state House of Representatives. The legislation will have to be approved by the state Senate and signed by the Governor before it becomes law [R1.5].


In January 2009, a draft bill to introduce same-sex civil unions had the support of 32 of Hawaii's 51 lawmakers, but had first to be approved by the House Judiciary Committee before being debated on the floor [R1.4].


In June 1999, the Public Employees Health Fund halted health coverage for unmarried partners of about 60 public employees and retirees as portions of the state's reciprocal beneficiaries law expired [R1.3].


In January 1999, Gov. Ben Cayetano proposed a Bill to replace the reciprocal benefits law and establish domestic partnerships, which would give gay couples many of the rights and benefits related to marriage while still withholding the title of marriage and excluding adoption and parental rights [R1.2].


In July 1997, the Reciprocal Beneficiaries law, was passed. Same-sex couples who make a "Declaration of reciprocal beneficiary relationship" now receive reciprocal benefits such as medical insurance, state pensions, inheritance rights and the right to sue for wrongful death [L1.1], [R1.1].

2.

Courts & Tribunals

On 30 December 2011, US District Judge J. Michael Seabright denied a late bid by churches to delay commencement of Civil Unions Act 1 on 01 January 2012, noting that the “drastic” remedy of the preliminary injunction is unjustified because it was “based upon plaintiffs' planned refusal to make their facilities available” for civil union events [C2.3], [C2.2], [R2.1].

L1.19 Senate Bill 232 (Act 1 of 2011) (Accessed 25 FEB 11)
R1.19 WTAQ.com: Hawaii governor signs gay civil unions into law 23 FEB 11
R1.18 The Advocate: Hawaii Senate Passes Civil Unions 16 FEB 11
R1.17 Hawaii News Now: Date set for civil union signing ceremony 18 FEB 11
R1.16 The Washington Post: Civil unions in Hawaii head toward final vote 14 FEB 11
R1.15 The Advocate: Hawaii Passes Civil Unions 11 FEB 11
R1.14 Hawaii State Legislature: SB232 SD1 HD1 (Accessed 12 FEB 11)
R1.13 The Advocate: Hawaii House to Decide Civil Unions 09 FEB 11
R1.12 Hawaii Reporter: Civil Union Bill Passes Full Senate by Vote of 19–6 28 JAN 11
R1.11 365Gay.com: Civil Union bill passes through Hawaii Senate Committee 26 JAN 11
R1.10 365Gay.com: Hawaii governor vetoed civil union bill 06 JUL 10
R1.9 365Gay.com: Hawaii lawmakers OK civil unions, send bill to governor 30 APR 10
R1.8 The New York Times: Hawaii Nixes Same-Sex Civil Unions Bill 29 JAN 10
R1.7 The Advocate: Hawaii Senate Passes Civil Unions 22 JAN 10
R1.6 PinkNews.co.uk: Hawaii Senate's 3am vote on civil unions ends in tie 26 FEB 09
R1.5 PinkNews.co.uk: Civil Unions Legislation Passes First Stage in Hawaii 13 FEB 09
R1.4 MCV: US Lawyers Fight Prop 8 29 JAN 09
PinkNews.co.uk: Hawaii Politicians Back Civil Unions Legislation 27 JAN 09
R1.3 Honolulu Advertiser: Unwed Partners Losing Benefits 20 JUN 99
R1.2 Honolulu Star-Bulletin: Both Sides Like Proposal on Same-Sex 06 JAN 99
L1.1 Hawaii Revised Statutes: Chapter 572C: Reciprocal Beneficiaries
R1.1 Sydney Star Observer: Hawaii Compromise on Gay Marriage 10 JUL 97
C2.3 Emmanuel Temple & Ors v. Neil Abercrombie & Anor: Order Denying Plaintiffs' Motion for Temporary Restraining Order Civ. No. 11-00790 JMS-KSC PDF 148,83kb, 30 DEC 11
C2.2 Emmanuel Temple & Ors v. Neil Abercrombie & Anor: Plaintiffs' Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction Civil No. 11-790 JMS-KSC PDF 262.17kb, 30 DEC 11
R2.1 Courthouse News Service: Judge Won't Block New Hawaii Civil Union Law 03 JAN 11
Discrimination Legislation/Cases/References
1.

State

From July 2005 the law prohibited landlords from discriminating against gay men, lesbians, or transsexuals [R1.3].

In 1992 [R1.2], Hawaiian state law prohibited discrimination on the basis of sexual orientation in public and private employment [R1.1].

2.

Courts & Tribunals

On 10 July 2018, the Hawai'i Supreme Court today affirmed a lower court ruling against Aloha Bed & Breakfast that denied a room to a lesbian couple Diane Cervelli and Taeko Bufford because of their sexual orientation and denied an application for Writ of Certiorari [C2.10], [R2.9].

On 23 February 2018, the Intermediate Court of Appeals upheld a previous ruling (see [C2.3], [R2.2] 11 April 2013) that found Aloha Bed and Breakfast was discriminatory for refusing lesbian couple Diane Cervelli and Taeko Bufford a room because of their sexual orientation [C2.8], [R2.7].

On 20 May 2016, it was reported that the City and County of Honolulu agreed to pay same-sex couple Courtney Wilson and Taylor Guerrero $80,000 to settle their discrimination lawsuit accusing Honolulu police officer Bobby Harrison of discrimination, assault and battery, and violation of their Fourth Amendment rights following his observing their holding hands and kissing while shopping at a grocery store in Pupukea [R2.6].

On 03 March 2015, Police Officer Bobby Harrison is alleged to have harassed and discriminated against Courtney Wilson and Taylor Guerrero in a Foodland store after observing their consensual romantic contact on two occasions and became physical at the checkout Harrison then arrested them for assaulting police and jailed the women for three days. A Federal lawsuit was filed 27 October 2015 against officer Harrison and others [C2.5], [R2.4].

On 11 April 2013, Judge Edwin C Nacino in the First Circuit Court of Hawai'i ruled in favor of Diane Cervelli and Taeko Bufford finding that Aloha Bed & Breakfast discriminated against them by refusing them accommodation in 2007 [C2.3], [R2.2].

In September 2008, a gay couple who were denied housing for married couples at the University of Hawaii settled their dispute out of court [R2.1].

R1.3 The Advocate: Hawaii Bans Some Discrimination Based on Sexual Orientation 14 JUL 05
R1.2 ILGA: State-Sponsored Homophobia PDF 383kb, MAY 08
R1.1 Bloomington Herald-Times: State Adds Gays to Policy on Job Discrimination 07 AUG 01
2. Courts & Tribunals
C2.10 Order: Aloha Bed & Breakfast and William D Hoshijo SCWC-13-0000806 PDF 58.95kb 10 JUL 18
R2.9 PinkNews: Hawaii Supreme Court rejects appeal from B&B owner who discriminated against lesbian couple 11 JUL 18
C2.8 Opinion: Diane Cervelli & Taeko Bufford v. Aloha Bed & Breakfast & Anor CAAP-12-0000806 PDF 940.91 23 FEB 18
R2.7 HawaiiNewsNow: Appeals court upholds ruling against B&B owner who refused room to gay couple 24 FEB 18
R2.6 khon2: Honolulu settles with same-sex couple jailed after kissing for $80,000 20 MAY 16
C2.5 Complaint: Courtney Wilson; Taylor Guerro v. Bobby Harrison; City and County of Honolulu, et al. No. 1:15-cv-00452-KSC PDF 226.03kb, 27 OCT 15
R2.4 TheAdvocate: Hawaiian Vacation From Hell: Couple Claims Cop Cuffed Them For Kissing 29 OCT 15
C2.3 Order: Diane Cervelli and Taeko Bufford v. Aloha Bed & Breakfast No. 11-1-3103-12 ECN PDF 121.54kb, 15 APR 13
R2.2 The Washington Post: Judge rules in favor of women denied room at Hawaii bed and breakfast because they're gay 16 APR 13
R2.1 The Advocate: Gay Couple Reaches Settlement With University of Hawaii 03 SEP 08

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Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

State

On 05 May 2015, the Senate and House passed Bil HB631 removing the current requirement to undergo gender reassignment surgery and making it a lot easier for transgender people to change their gender on their birth certificates. On 06 May, the Bill was sent to Governor David Ige [R1.7].

On 05 May 2011, Governor Neil Abercrombie signed House Bill 546 into law, prohibiting employers from discriminating on the basis of gender identity or expression in the workplace [R1.6].

On 18 April 2011, by a 45–4 vote, the House concurred with the Senate on a HB 546 SD1, a bill codifying prohibitions against discrimination in employment on the basis of gender identity. The bill now heads to Governor Abercrombie, who has said he will sign it into law [L1.5], [R1.4].

On 05 April 2011, the Senate voted 22–2 approving a bill previously passed by the House, to ban discrimination based on gender identity and expression in the workplace. The legislation will become law when signed by Democratic Governor Neil Abercromie [R1.3].

In April 2011, the Senate Judiciary Committee passed an anti-discrimination bill that would protect transgender people from discrimination against their gender expression in the workplace. The bill previously passed in the state House. The bill must be reconciled with the House version, but is expected to pass [R1.2].

From July 2005 the law prohibited landlords from discriminating against gay men, lesbians, or transsexuals [R1.1].

Previously:

The sex discrimination provisions of Hawaii law did not protect persons from discrimination based upon their self-selected gender [R2.1].

2.

Courts & Tribunals

On 01 July 2002, the Hawaii Civil Rights Commissioners ruled that the commission can hear (employment) sexual discrimination complaints filed by transgendered or transsexual individuals [R2.1].

An appeal to the Circuit Court was expected.

R1.7 HuffPost: Hawaii Passes Bill Allowing Transgender People To Change Birth Certificate 06 MAY 15
R1.6 LGBTQ Nation: Hawaii Governor signs transgender workplace protections bill into law 06 MAY 11
L1.5 Capitol.Hawaii.gov: HB 546 SD 1 PDF 71.48kb, 07 APR 11
R1.4 HRC: Hawaii Legislature Passes Transgender Employment Protections 19 APR 11
R1.3 ChicagoPride.com: Hawaii passes transgender employment protections 12 APR 11
R1.2 365Gay.com: Hawaii expected to pass transgender labor anti-discrimination bill 05 APR 11
R1.1 The Advocate: Hawaii Bans Some Discrimination Based on Sexual Orientation 14 JUL 05
R2.1 Honolulu Star-Bulletin: Rights Panel Accepts Transgender Bias Cases 02 JUL 02
Hate Crimes Legislation/Cases/References
1.

State

In April 2003, on a vote of 39-8, the Hawaii house of representatives has sent a bill to the desk of Gov. Linda Lingle that would added the classification of "gender identity or expression" to the state's hate-crimes law [R1.4].

Previously:

In February 2003, the Hawaiian Senate Judiciary Committee has approved a measure to add "gender identity or expression" as a class covered by the state's hate-crimes law [R1.3]. The measure goes next to the full senate for consideration.

On 13 June 2001, Acting Governor Mazie Hirono signed the Bill into law giving longer sentences for felony crimes motivated by the victim's race, religion, disability, ethnicity, national origin or sexual orientation, race or religion [R1.2].

The law also calls for statistics to be kept for hate crimes [R1.2].

In May 2001, Gov. Ben Cayetano said today that he will sign the "hate crimes' bill [R1.1].

R1.4 ILGA: State-Sponsored Homophobia PDF 383kb, MAY 08
The Advocate: Hate-crimes Law Expanded in Hawaii 04 APR 03
R1.3 The Advocate: Gender Bill Proceeds in Hawaii 26 FEB 03
R1.2 The Advocate: Hawaii Governor Signs Hate-Crimes Law 15 JUN 01
R1.1 Honolulu Star-Bulletin: Cayetano to Sign Hate Crimes Bill 25 MAY 01
Homosexuality, Sodomy Legislation/Cases/References
1.

State

In 1973, Hawaii's anti-sodomy laws were repealed.

   
Inheritance Legislation/Cases/References
1.

State

In July 1997, the Reciprocal Beneficiaries law, was passed. Same-sex couples who make a "Declaration of reciprocal beneficiary relationship" now have inheritance rights [L1.1]

L1.1 Hawaii Revised Statutes: Chapter 572C: Reciprocal Beneficiaries
Marriage Legislation/Cases/References
1.

State

On 13 November 2013, Governor Neil Abercrombie signed the state's marriage equality bill into law, meaning same-sex couples can begin marrying December 2 [R1.12].

On 12 November 2013, the Senate approved (19-4 with two lawmakers excused) a new version of the marriage equality legislation that contains amendments added by the state House last week. Gov. Neil Abercrombie will sign it tomorrow, with the law coming into effect 02 December [R1.11].

On 09 November 2013, the House of Representatives approved a same-sex marriage bill 30-19. Provided the Senate passes a House amendment to the Bill, Governor Neil Abercrombie is expected to sign the bill into law, effective 02 December [R1.10].

On 05 November 2013, the same-sex marriage bill has passed a joint House committee and will advance to the House floor for a second reading and vote Wednesday morning. SB 1, the “Hawai'i Marriage Equality Act of 2013” passed 18 - 12 Tuesday afternoon [R1.9].

On 29 October 2013, the Senate passed the marriage equality bill 20-4. The bill must now pass the House Judiciary and Finance committees before the House votes on it. If amended the bill will return to the Senate for another vote [R1.8].

On 28 October 2013, the Senate Judiciary and Labor Committee passed a same-sex marriage Bill SB1 in a 5-2 vote. The Bill now goes to the full Senate [R1.7].

On 22 October 2013, Governor Neil Abercrombie submitted a proposed draft of the marriage equity bill (SB1) for consideration by the legislature. The primary proposed amendments are to §572-F and concern religious exemptions [L1.6], [L1.5], [R1.4].

A 1997 constitutional amendment permits, but does not require, the Legislature to prohibit marriages between same-sex couples.

Three anti-gay marriage bills were blocked in 1999.

Previously:

In November 1998, Hawaii took another step toward banning same-sex marriage, giving its Legislature the go-ahead to write a new law [R1.3].

In July 1997, registered cohabiting same-sex couples became eligible to receive reciprocal benefits such as medical insurance, state pensions, inheritance rights and the right to sue for wrongful death [R1.2].

In April 1997, a deal between Hawaiian politicians last week has scuttled any chance of same-sex marriages receiving legal backing, with gays and lesbians receiving only limited rights and benefits available to heterosexual couples [R1.1].

2.

Courts & Tribunals

On 04 August 2016, the US Court of Appeals for the Ninth Circuit upheld the District Court's judgment dismissing C. Kaui Jochanan Amsterdam's claim because his moral and cultural objections to same-sex marriages are generalized grievances and are insufficient to confer Article III standing [C2.16], [R2.15].

On 30 June 2014, it was reported that the Ninth Circuit Court of Appeals set 08 September 2014 for hearing the challenges to same-sex marriage bans in Hawaii, Idaho and Nevada [C2.14], [R2.13].

On 28 January 2014, First Ciruit Court Judge Karl Sakamoto granted the state's motion for summary judgment and ruled that the State's marriage law is legal under both the state and federal constitutions [R2.12].

On 14 November 2013, Circuit Court Judge Karl Sakamoto rejected Hawaii Rep. Bob McDermott's request for a temporary restraining order to delay any marriages, ruling that the legislature had the right to pass the new same-sex marriage law [R2.11].

On 07 November 2013, Judge Karl Sakamoto rejected a request filed by Representative Bob McDermott for a temporary restraining order to stop lawmakers from moving forward on same-sex marriage legislation [R2.10].

On 08 August 2012, Senior US District Judge Alan Kay in a 117-page decision, ruled that Hawaii's marriage laws reserving marriage to a man and a woman “are not unconstitutional”. The case will likely be appealed [C2.9], [R2.8].

On 21 February 2012, Governor Neil Abercrombie refused to defend a constitutional ban against gay marriage in the Jackson v. Abercrombie case. The state Attorney Generalís office filed separate responses for both the governor and Health Department [C2.7], [R2.6].

On 07 December 2011, the complaint in Jackson v. Abercrombie was filed in the federal district of Hawai'i challenging the opposite-sex marriage requirement as violating the Due Process and Equal Protection Clauses of the Fourteenth Amendment [C2.5].

In December 1999, the Hawaii Supreme Court ruled that the Baehr v. Anderson (formerly Baehr v. Miike, formerly Baehr v. Lewin) case be dismissed as moot the plaintiff's complaint regarding the refusal to issue marriage licenses to same-sex couples but refused to overturn it's 1993 ruling [R2.4].

In January 1997, Deputy Attorney-General Rick Eichor appealed Judge Chang's Circuit Court ruling [R2.3].

In December 1996, Circuit Court Judge Kevin Change rejected all the arguments the State of Hawaii used to justify its laws banning same-sex marriage. He said the prohibition violates the State Constitution's equal protection clause. State attorneys in Hawaii successfully prevented gay and lesbian couples from legally marrying, after the judge put his ruling on hold while the State appeals [R2.2].

In September 1996, the Hawaiian Circuit Judge Kevin Chang heard opening statements in the same-sex marriage case [R2.1].

In 1993, the court ordered Hawaii to show compelling reasons for discrimination in only issuing marriage licences to straight couples [C2.1], [R2.1].

R1.12 The Advocate: Hawaii Gov. Signs Marriage Equality Bill 13 NOV 13
R1.11 TheAdvocate: Hawaii OK's Marriage Equality 12 NOV 13
R1.10 TimeUS: Hawaii House Approves Gay Marriage Bill 09 NOV 13
R1.9 HawaiiNewsNow: House committees pass Same-Sex Marriage bill, advances to floor for vote 06 NOV 13
R1.8 The Advocate: Hawaii Senate OK's Marriage Equality; On to House 30 OCT 13
R1.7 Honolulu Civil Beat: Hawaii Senate Panel Passes Same-Sex Marriage Bill 29 OCT 13
L1.6 Governor's amended Bill: Hawaii Marriage Equality Act PDF 211.05kb, 24 OCT 13
L1.5 Senate Bill 1: Hawaii Mariage Equality Act of 2013 PDF 193.92kb, 22 OCT 13 (Accessed 27 OCT 13)
R1.4 Honolulu Civil Beat: Governor Tweaks Religious Exemptions in Gay Marriage Bill 25 OCT 13
R1.3 Associated Press: Same-Sex Marriages Banned by Voters 04 NOV 98
R1.2 Sydney Star Observer: Hawaii Compromise on Gay Marriage 10 JUL 97
R1.1 Sydney Star Observer: Hawaii Deal Scuttles Wedding Plans 24 APR 97
Melbourne Star Observer: Marriage Law Standoff 18 APR 97
2. Courts & Tribunals
C2.16 Memorandum: C Kaui Jochanan Amsterdam v. Neil Abercrombie No. 14-15377 PDF 58.38kb 04 AUG 16
R2.15 khon2: 9th Circuit Court upholds dismissal of Marriage Equality Act challenge 05 AUG 16
C2.14 9th Circuit Court of Appeals Calendar for San Francsico, California, September 8-12, 2014: Natasha Jackson v. Neil Abercrombie, Susan Latta v. C Otter, Beverly Sevcik v. Brian Sandoval Nos. 12-16996 and 12-16998, 14-35420 and 14-35421, 12-17668
R2.13 EqualityOnTrial: Ninth Circuit Court of Appeals to hear three same-sex marriage cases on September 8 30 JUN 14
R2.12 StarAdvertiser: Judge rejects challenge to Hawaii's gay marriage law 29 JAN 14
R2.11 LosAngelesTimes: Hawaii judge refuses to block law permitting same-sex marriage 14 NOV 13
R2.10 HawaiiNewsNow: Judge rejects same-sex marriage temporary restraining order 08 NOV 13
C2.9 Natasha N Jackson, Janin Kleid and Gary Bradley v. Neil S Abercrombie, Governor of Hawaii, and Loretta J Fuddy, Director of Health, State of Hawaii 11-00734 ACK-KSC PDF 12.65MB, 08 AUG 12
R2.8 Star Advertiser: Federal judge upholds Hawaii ban on same-sex marriage 08 AUG 12
C2.7 Hawaii Reporter: Natsha N Jackson & Janin Kleid v. Neil S Abercrombie & Loretta J Fuffy CV11-00734 ACK/KSC PDF 333.55kb, 21 FEB 12
R2.6 The Advocate: Hawaii Governor Won't Defend State's Gay Marriage Ban 22 FEB 12
C2.5 Natsha N Jackson & Janin Kleid v. Neil S Abercrombie & Loretta J Fuffy CV11-00734 ACK/KSC PDF 2.12MB, 07 DEC 11
R2.4 Aloha.net: Baehr v. Anderson Case Dismissed 09 DEC 99
R2.3 Melbourne Star Observer: Hawaii Update 17 JAN 97
R2.2 Melbourne Star Observer: Landmark Hawaii Ruling on Gay Marriage 06 DEC 96
C2.1 Baehr v. Miike 852 P.2d 44 (Hawaii 1993)
Baehr v. Miike No. 20372 11 DEC 96
R2.1 Washington State Bar News: Same-Sex Marriage: The State of the Law SEP 98
Sydney Star Observer: Hawaiian Marriage Case Begins 19 SEP 96
Parenting, Adoption, Fostering Legislation/Cases/References
1.

State

On 13 July 2015, Governor David Ige signed bill HB631 that will allow transgender men and women in Hawaii to more easily change the gender on their birth certificate, eliminating the requirement that someone must first undergo gender reassignment surgery, with effect from 01 July 2015 [L1.3], [R1.2].

In June 2008, Hawaii was reported to be among the handful of states that have taken steps to afford specific civil rights protection to gay, lesbian, bisexual and transgender youth in foster care and juvenile detention [R1.1].

2.

Courts & Tribunals

On 04 October 2018, the Hawaii Supreme Court ruled that same-sex spouses must be treated like heterosexual spouses when it comes to parental rights so must be recognized as the presumed parents for children born during their marriage and the non-biological spouse is obligated to pay child support even though not biologically related [C2.3], [R2.2].

In December 2000, a lesbian couple in Hawaii became the first lesbian couple granted equal parental rights to their child [R2.1].

L1.3 Bill: HB 631 (Accessed 18 JUL 15)
R1.2 EdgeMediaNetwork: Hawaii Eases Process to Switch Gender on Birth Certificates 14 JUL 15
R1.1 The Advocate: Transgender-Friendly Policy Implemented in New York Juvenile Jails 21-23 JUN 08
C2.3 Opinion: LC v. MG and Anor. SCAP-16-0000837 PDF 336.84kb 04 OCT 18
R2.2 HawaiiNewsNow: 05 OCT 18
R2.1 The Advocate: Hawaii Court OKs Lesbian Adoption 06 DEC 00
Violence: Bullying, Domestic Violence, Harassment, Intimidation, Vilification Legislation/Cases/References
1.

Courts & Tribuinals

On 03 March 2015, Police Officer Bobby Harrison is alleged to have harassed and discriminated against Courtney Wilson and Taylor Guerrero in a Foodland store after observing their consensual romantic contact on two occasions and became physical at the checkout Harrison then arrested them for assaulting police and jailed the women for three days. A Federal lawsuit was filed 27 October 2015 against officer Harrison and others [C1.2], [R1.1]

C1.2 Complaint: Courtney Wilson; Taylor Guerro v. Bobby Harrison; City and County of Honolulu, et al. No. 1:15-cv-00452-KSC PDF 226.03kb, 27 OCT 15
R1.1 TheAdvocate: Hawaiian Vacation From Hell: Couple Claims Cop Cuffed Them For Kissing 29 OCT 15
Wrongful Death Legislation/Cases/References
1.

State

In July 1997, the Reciprocal Beneficiaries law, was passed. Same-sex couples who make a "Declaration of reciprocal beneficiary relationship" have the right to sue for wrongful death [L1.1]

L1.1 Hawaii Revised Statutes: Chapter 572C: Reciprocal Beneficiaries

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