1357: The crowd is a sea of mixed-race faces. Hawaii is a sitr-fry of ethnicities, and this is reflected in the LGBT community. The mood is hushed, expectant. People greet each other with smiles, hugs. Supporters are wearing huge gold "Equality" stickers handed out by Alan Spector of the Family Equality Coalition out in the hallway. The dress is anything from board shorts and "slippahs" for the spectators to the Aloha business for the Legislators and the Capitol staff. Due to a complete lack of seats (it's standing room only), I have clambered up on top of a 5 foot high file cabinet with my laptop, and despite some strange looks, have settled in for the next three hours. I put my huge gold "Equality" sticker on my Mac, where it can be seen by anyone who looks at me. Just waiting on the proceedings to start. 1404: Judiciary Chair Rep. Riki Karimatsu opens the proceedings. 1406: LT. Gov Duke Aiona (R) gives the opening statement. The office of the Lt. Gov is opposed to Civil Unions because "this is same-sex marriage under a different name. The people voted ten years ago to define marriage as between one man and one woman. I urge you, Mr. Chair, do not pass this bill. If you are going to do anything with this bill, which is not something that I advocate, because this is such an emotional issue, which was taken up and voted upon by the people of Hawaii, I would submit to you that if the committee feels that the people of Hawaii have shifted in their inclinations towards same-sex voters towards same-sex marriage that this question be put to the people in the form of a Constitutional amendment...this is not something that we as public officials should decide." I guess we won't get a signature from Gov. Lingle if this passes. 1411: Board of Education representative speaks. "The Board of Education's job is to prepare students for a society founded upon civil law, law which does not discriminate based on race, religion, national origin, gender, or sexual orientation or gender identity...the Board is committed to prepare ALL of our students for a pluralistic society, whether gay or straight. Let me illustrate the impact of discrimination on our students: say the Board instituted a policythat no students of Japanese heritage could participate in athletic programs. That policy would be devastating, not just to all Japanese students who wanted to play sports, but ALL Japanese students, their friends, and their families, because this policy sends a clear message that there is something wrong with Japanese people. By sending the message that there is something wrong with same-sex couples by prohibiting them from civil marriage, we are sending the message to my students that being gay is wrong. A full 13% of my students have been harassed for being or perceived as being gay. A full 18% of gay students have considered suicide. That's the highest rate of any group at any educational level.This does not just affect my students, but those who have gay and lesbian family members, even parents. How can we expect our students to treat all people fairly when the state itself endorses public policy that some of them are worth less? As public officials it is OUR job to endorse policies that declare all people are equal, a society that values the contributions of ALL its members." 1417: Hawaii State civil rights commission apologizes, but due to other concerns we have not been able to take a position on this yet. 1417: Eric Gill, UniteHere Local 5: “11,000 hotel and health care workers are represented by my union. This bill is about economic justice for all, the right of each citizen to be treated equally by the government. My wife was sick recently. No one questioned my right to have healthcare coverage for her. No one questions my right to take care of my wife. But some people cannot take these rights for granted. Our failure to secure equal rights and equal treatment for all makes a mockery of the phrase "All men are created equal." Local 5 was founded for solidarity for our members, to unite for protections for all. To do this, we unite with people of all religions, skin colors, different traditions, different ways of organizing families, and living private lives. Our members need to see EVERY person has having individual worth. This is why we fight for rights for native Hawaiians, for the elderly, for equal treatment of men and women, and that is why we fight for the right for LGBT people to have the same protections for their loved ones as hetersexual people. Our voters just rejected 8 years of hate, fear, and dividing people. America has voted to declare America a better place, to be more than we have been, to be better than we are now. We need to include everybody. Now is Hawaii's chance to join this historic motion." 1422: Democratic Party of Hawaii chair. “The Dem party and its 51,000 members support civil unions because we support equality and justice. We have a history of making progress for those who have been treated unfairly under the law. The Democratic Party of Hawai supports this bill, and the fair treatment of all." 1424: AFL-CIO and HGEA go on the record in support. 1425: Gary Okino, City Councilmember: "The people voted in 1998 to keep marriage between one man and one woman. Reciprocal benificiary laws are enough. Your constitutents will be enraged if this happens. Our country is based on the sanctity of the family. Studies of previous civilizations reveal that when societies such as Sodom and Gomorrah, blah blah blah, it's all about the children. There has been an email stating that it's okay for Christians to vote for this. Let me tell you that the Church says it's wrong. This is a self-serving world where people's interest trumps God's interest. No matter how much a pastor twists the truth of God to preach a perversion, and says that Christians are hateful and intolerant, I know that Christianity is al about love. We are opposed to this because we love our neighbors. We love gay people. We also love racists and drug addicts. Does that mean we are going to legalize drug use? What this paper is trying to do is reinterpret the word of God to justify same-sex marriage. The Bible has been unchanged since the beginning." Wow, this crap isn't worth wasting the bandwidth. 1430: Representative from the Catholic Conference, the "public policy arm of the Catholic Church in Hawaii." The people have spoken,do not subvert the will of the people, if reciprocal beneficiaries are broken, fix them, but do not inflict this sham upon Hawaii's Catholics." 1433: Churches on record as being in support, Planned Parenthood of Hawaii stands in support, other local businesses go on the record as being in support. 1435: The Chairwoman of the Unitarian Universalist Church of Hawaii goes on the record in support. The UU Church recognizes the inherent worth and dignity of all people, including LGBT people. This congregation supports the religious freedom guaranteed by the Constitution, and seeks to perform and affirm same-sex marriages. 1438: Alan Spector, chairman of the Family Equality Coalition: Alan gives a brief history of the FEC and who we work with for family equality. As of June 2008 we had only 40 members, now we have 1300. We support House Bill 444. I want to talk about the issue of time. MLK said that the time to do right is always right. This legislation has been long overdue. We heard about 1998. Well, it's now 2009. In 1998 when Hawaii was engaged in this discussion, the national landscape was different. This is no longer a controversial issue. There is nothing controversial about equality. In 2009 we have equality called marriage, civil unions, domestic partnerships in a host of states. Public opinion has really changed. According to a December 2008 Newsweek poll, 58% of Americans support civil unions. That's up from 40% only two years prior. If you look at my testimony, you'll see that 77% of Hawaiians do not believe in restricting civil rights to same-sex couples. Not only that, but this community has union support. We have the support of the AFL-CIO, HGEA, Local 5, the hospitality and healthcare workers. 42 legislators have already cosigned. We are not asking for special rights. We are asking for EQUAL rights. Marriage is not the same thing as civil unions. Marriage is more than just a package of equal rights. It has deep social and sometimes religious meaning. That you have only 9 Senators signedon to a marriage bill, and 42 Representative signed on to Civil Unions says a lot. How many heterosexual couples would give up their marriage for a civil union? Reciprocal beneficiaries do not work. They were never meant to be a legal substitute for marriage. We agree with our opposition that RB is broken. First, no one really understands what it is. As a result of this massive confusion, many of the rights promised under RBs are never delivered. Second, RBs clump a same-sex couple, sometimes with children, in with any other family kinship such as sisters. They do NOT cover health care, access to a family court. That is ridiculous to put upon a pair of sisters who need extra protections. RB's do not work for a spousal relationship. However, we do not believe that RBs should be repealed. They have their place. Alan tells the story of his marriage to his husband. It's beautiful. This is about families, and all families want to be treated equal. When my husband and I landed on this beautiful island, our marriage was invalidated. How would you feel if every time you moved, your marriage was invalidated? Despite what the opposition says, the 1998 Amendment does NOT declare marriage as one man one woman. It gives the power to the legislature. We ask you to stand with us and support civil equality, and HB444. 1449: Interfaith Council and National Association of Social Workers go on the record in support. 1451: Jo-Ann Adams, GLBT Caucus of the Democratic Party: First a refutation. LT Gov Aiona misspoke when he said that the 1998 amendment defined marriage. It vested the legislature with the power to define marriage. The people of Hawaii in 1998 reacted to a court case, they did not make a public policy decision. As in California last year, Hawaii voters were bombarded with lies, hate, and fear in a well-organized campaign. Times have changed. To say that it was decided in 1998 and should never be revisited insults democracy. We re-elect this body every two years specifically for that reason. 77% of Hawaiians are against restricting civil rights to people based on sexual orientation. I personally want to emphasize why this decision is so important. We MUST begin to tease apart religion from State. Earlier we heard from a testifier who said that Christianity does not recognize same-sex unions, then we heard a list of Christian churches go on record in support. We have a country where Jew and Gentile, Christian, Moslem, and Hindu can live peacefully side by side precisely BECAUSE we are a secular society. When I walked the hospital corriders to see my partner two years ago, I did not know whether I would be allowed to see her. When I saw my father in the hospital two days ago, I knew I would be allowed to see him because I am his legal family. Reciprocal benificiaries DO NOT GIVE ME LEGAL KINSHIP TO MY PARTNER OF 14 YEARS. 1458: Some "family association" bint talking about 1998 and how marriage is about the children. Civil Unions will lead to marriage, and that is harmful to families. The people have spoken. Homosexuals are not deserving of these rights. Sodom and Gomorrah were destroyed for this sin. Rights and responsibilities are for those living in morality. (She's getting emotional). Civil Unions are unacceptable 1502: Christian Voice of Hawaii in opposition, back to 1998 again, RBs are enough. HB444 is asking for homosexuals to be treated as a special class of people. The mark of a civilized society is not how much evil and depravity it can tolerate, but how much good is endorses. Upholding indecency and perversion is wrong. Why not give rights to child molesters and rapists? Legalizing special rights based on sexual identity rips apart the family. Many of Hawaii's families are already ripped apart by pop culture hedonism, drug addiction, domestic violence, and promiscuity. This bill will only exacerbate society's tolerance of depravity and sickness. You wil unleash a firestorm of outrage, crippling this body, and preventing it from addressing the real crises in the state. Do not waste taxpayers' time and resources by starting another gay marriage war. 1507: Chad Wadsworth of the Hawaii Lesbian and Gay Legal Association.Do not let the forces of hate and intolerance based on one religion's interpretation of the Bible keep theLegislature from treating all Hawaii's citizens under the law. Do not say "It's not the right time." History has shown us that it's never the perfect time. The time to enact HB444 is NOW. 1509: Various legal and University organizations go on record in support, including the Lesbian and Gay Student Services of UH Manoa. 1511: Children of Lesbians and Gays representaive testifies in support. Her parents were married in a Catholic Church in 1969, and in 1994 her father transitioned to "Dana". Her parents are still legally married. You do NOT throw someone away because of their sexual orientation or gender identity. As a child I went through so much pain at the hands of hateful people. Please consider the children of lesbians and gays in Hawaii, and the message you send that their families are worthless just because their parents are gay. Marriage as we know it was a legal contract to transfer property from one family to another. This is a legal issue. And by not allowing a certain group of people access to those same legal rights, we take away their civil rights. I would like to end by telling you that overall, divorce laws have done more damage to marriage than same-sex marriages which are legal in Massachusetts, Canada, Spain, Canda, the Netherlands. 1518: Josephine Chang, co-founder of MOMS, a support group for parents of gay children. Jo talks about being the mother of a gay son, and how much it saddens her that two of her children can be legally married, but not her oldest son. A parent's love is so important when a child comes to terms with being gay. But a parent's love is no help against discrimination enshrined in law. We need strong leadership that will include, not discriminate against, gays and lesbians. By establishing HB444, the legislature will give gay couples, and their children, a package of rights that they need to be protected. However, this cannot stand. The message of "separate but equal" and outright hate that the law sends to my son on a daily basis in unacceptable. Please kokua, and do justice and fairness to our ohana. Pass HB444. 1525: "Save Traditional Marriage" About what you'd expect. They're still confused and think that that the 1998 amendment defined marriage as OMOW. And of course, ZOMG gay sex will be taught in schools and gays want to recruit children. Massachusetts teaches our children how to have gay sex. Quick break for the bathroom and put more quarters in the meter. 1540: American Friends of Hawaii (Quakers). Discrimination is real. The Society of Friends has stood with all oppressed peoples throughout history. We believe that oppression and relegation of any people to second-class status is apartheid. This state is engaging in apartheid. I was here working in the schools in 1998 after that vicious campaign ad the resulting amendment. I heard the violence, I witnessed threats against gay students, and students with gay parents. I was shocked to hear the language of war against part of our community. My wife and I have a strong marriage, one that is not affected by the same-sex couples sitting in this room today. We weep with them for the oppression they suffer. 1544: Filipinos for Affirmative Action in support, Women's Center UH Manoa in support 1545: Rabbi Shachmann, Temple Emmanuel, Reformed Judaism. Looking forward to this. ^_^ Those of us who advocate pro-family policies support HB444. Do not sacrifice our brother and sisters, our keiki (children), and our community on the alter of exclusivist, hateful ideologies disguised as religion. I know a little something about God's word. I may be the only person here who has read it in the original. Reformed Judaism unequivocally supports marriage for same-sex couples. I can tell you that the information presented here by people posing as religious scholars and people of faith, people preaching hate, is simply not true. Sodom and Gomorrah was NOT about homosexuality. It was about a lack of hospitality and caring for each other. We have got to stop using it. I question the term "sexiual deviance." There are heterosexual married people who engage in sadomasochistic practices, and that is perfectly legal. I question the term "traditional marriage." I know heterosexual marriages which are "open" marriages, and these are legal. Traditional marriages have included the legal marriages of women who have been coerced into marriages! What is the holiness in that? Where is the outrage of these "people of faith" at such a travesty? Do not allow the outright bigotry of a few masquerading as followers of a god of love to convince you to continue to discriminate against the people in this room. I ask this as a Rabbi, as a community leader, as a citizen, and a human being. Thank you. 1555: League of Women Voters Hawaii testifies in support. The representative points out that in 1998, the vote was a knee-jerk reaction to a campaign of lies and hate, by people who grew up in immigrant families whose culture did not understand or even acknowledge homosexuality. League of Women Voters supports HB444 because it will help same-sex couples and their families to plan for the future, to have a healthier future, and be part of a healthier nation. 1557: ACLU Hawaii testifies in strong support. It represents a strong step forward to ensure that LGBT people get equal treatment under the law. Personally, as a businessman, this bill is important. Ten years ago the Microsoft consulting community formed here. High technology businesses thrive in places that support diversity. Ensuring legal equality for same-sex couples will help the economy. However, corporations cannot individually ensure protections that cover all the needs of all employees. It is up to the law to do that. These are tough economic times. Legal measures that ensure protections for diversity will give us a way to compete with cities like San Jose, Boston, New York. Employees want to work in places where their families will be protected. I ask for your support for this bill not only for the civil rights of all Hawaiians, but because it will assist us economically in these tough times by making Hawaii a more attractive place to live and work. 1603: Various department from BYU Hawaii on the record in opposition. Wev. 1604: More from the UUs, from Rev. Young, who stood in opposition to the 1998 amendment. "In all my years as a minister, I have NEVER seen a heterosexual couple whose marriage was threatened by a homosexual relationship." 1605: More ACLU on the record in support. My laptop battery is at 36%. I'll go to the end of it. 1606: Pride at Work - A labor union organization dedicated to equality for all workers. It is the duty of unions to fight for civil rights and economic justice for ALL their workers. There are a dozen national and international labor unions named in our testimony which have passed resolutions in support of marriage equality. 1607: Democratic Party Women's Caucus on the record in support. ACLU in support. Muscicians' Association local 667 in support. UH Professional Assembly in support. Advocates for Consumer rights in support. Individual citizens on record in support or opposition. 1614: Private citizen making the point that RBs do NOT provide for healthcare benefits, that it is up to employers to choose to do so, and that many do not, including HMSA, Hawaii's own largest health insurance provider. 1619: Lance Bateman, the late Bill Wood's husband, the chair of the GLBT Caucus. (Bill is considered the "father" of the GLBT rights movement in Hawaii.) He makes the point that when Bill died, he had to get his husband's brother to come sign for the body, because he was not legally Bill's family. That is a travesty, that someone's spouse of 13 years, legally married in Vancouver, could not be considered family here in Hawaii. Let's talk about responsibilities. What happens when unrecognized couples split up? What if they have children? The state winds up supporting them. HB444 would give same-sex couples the responsibility of support even after a relationship ends. It would take the burden off the state, and ensure the responsibility was on the couple, where it belonged. 1627: Some civil rights lawyer in opposition. (I know, WTF?) RBs were the compromise, this will not stop with civil unions, RBs are broken, we need to revamp RBs to include health insurance rights. Gay people do have the right to marry. They have the right to marry a person of age, not related, of the opposite sex. Comparing marriage licenses to getting a commercial drivers' license, someone wanting a CDL if they're not qualified. 1630: Private citizens on record in support. 1634: A theology professor from UH, married in Massachusetts to her wife, who is a law professor at UH. She talks about the difference between visceral morality and mature morality. She makes the point that in this country, one group's morality does not dictate the living conditions and rights of another's. 1636: GLBT Catholics in support. The rep also worked for HMSA. When he got his RB certificate in 1998, he took the certificate to his HR, and asked about family medical leave. They told him that RB does not fit the definition of family under the FMLA, and that if he tried to use that as grounds to take even unpaid leave, his job would be in jeopardy. Equal treatment under the law should be the policy of the state of Hawaii. 1641: Private citizens on the record as supporting or opposing. I'm at 18% battery power. We have 15 minutes. It's going to be close. I just got mistaken for a new UH student. Ego boost. (I'm almost 31.) 1642: An ordained Southern Baptist, mixed-race minister in support of HB444. Her parents had to move to Kentucky to get married due to anti-miscegenation laws. She used to be a hospital chaplain ministering to AIDS patients. She's crying. "The devotion and love that I have seen between these couples not only meets, but far surpasses that which I have seen between heterosexual couples." Her gay brother died last year; his partner of ten years sat with him and nursed him faithfully. 1645: Private citizen testimony. This is a social justice issue. People of faith will not have their rights impinged upon; they cannot be forced to condone or perform same-sex CU or marriage ceremonies. Brings up that the new White House website is in support of civil unions. Yes, some opponents of marriage equality say that gay people have the right to get married to a person of the opposite sex. But what does that say about their view of the sanctity of marriage that they would advocate a gay person entering into a sham marriage? How does that honor marriage? 1648: My friend Tambry makes some brief comments in support. She and her wife have been together 28 years. Her wife also makes a few comments. 15% power. 1653: Debbie Hartman, who originally led the Mormon charge from BYU against marriage equality back in 1996-98, has CHANGED HER POSITION AND SUPPORTS MARRIAGE EQUALITY. Debbie brings a comprehensive breakdown of the state laws governing and pertaining to spouses, and children, and contrasts that with the piddling protections provided by RBs. These laws do NOT protect our children under RBs. If you wanted to "fix RBs" as opponents keep advocating, you have to re-write 1800 state laws. Whereas, passing Civil Unions would enjoin all of these laws all at once, and do justice. Words matter. Section three enjoin wife, husband, spouse, and partner. But nowhere is it guaranteed that CUs will automatically enjoin children and their same-sex parents. We need to ensure that the language in HB444 enjoins the laws protecting children and families as well as a couple. This body cannot feasibly go through the process to change 1800 state laws to ensure equal protections through RBs. This body has more important things to do. RB is a good law where it applies, but it's lacking for relationships of couples, particularly those with children. Pass HB444, rectify this problem, and protect all Hawaii's families. Last item, 9% power. 1701: One of the Native Hawaiian activists and a Native Hawaiian studies in professor in support. Lots of Hawaiian language in the testimony. Homosexuality was widely accepted in Hawaii under the kapu system. Hula even has epic chants and series dedicated to the love stories of gay couples. The word Aikane was re-defined by Christian missionaries to mean platonic friend. What does it really mean? "Ai" = to have sex, "kane" = male. It would be a terrible loss if we as native Hawaiians allowed ourselves to forget our own history, our own heritage. Most of our great chiefs were bisexual, as we know from our own historical chants. Kamehameha the 2nd had his own group of favored aikane. Men and women both engaged in this practice. The wide acceptance of aikane must not be subsumed by a foreign religion. Civil unions is about kuliana, responsibility, ho'omalu- protection, malama - taking care of each other. I'm leaving it at that, as I'm almost out of power. The committee will make a decision, and I'll update when I get home. Peace and love, all. Cross your fingers, and pray if you're so inclined. UPDATE: The second-to-last testimony I heard was from one of the UH economics professors. He cited studies in the five states which have marriage equality or civil unions showing both a very low cost in implmentation (primarily changing forms at the Health Department and in the Family Court), and an even lower cost to health care providers. Due to the relatively small number of people projected to enter into a civil union, about 1,962 couples who are residents of this state, a little less than half of them already have health care coverage through other means. For those couples where neither partner has insurance, this won't affect providers at all, and is another discussion entirely. Also of note, in Massachusetts and Connecticut, only 1% of married same-sex couples have accepted married health care benefits from employers. The other 99% have chosen to stick with the individual coverage each person has. Because same-sex couples are not recognized at the federal level, married couples must pay federal taxes on their health care premiums, which can be prohibitively high in this economy, between $150-$300 more per month. Fiscally, the state of hawaii would not face a negative impact within the tourism industry. People come from all over the world to get married here, and 1/2 the marriages performed in Hawaii are actually for out-of-state Americans. 1.1 million visitors from other states come here to get married every year; 3 million come here to honeymoon. By legalizing civil unions or same-sex marriage, that would prompt couples from other states which recognize same-sex unions, such as Vermont, New York, and New Jersey, to come to Hawaii for their unions. That's an additional $1-7 million in the tourism industry alone, and not even accounting for the wedding industry, which would directly benefit, generating $1-3 million in income and excise tax revenue. Additionally, the state would raise funds through licensing fees of $60 per couple. The last testimony broke my heart. A young girl, looking 17-18, got up in front of the committee, and told the story of her older sister, who is getting married this summer. She broke down and began to cry as she told her legislators that while she is happy for her sister, she is heartbroken because she, being gay, will never have the same chance to marry the person she loves. She sat there, tears streaming down her face, and begged them, "Please, please don't make me leave my home and family and move somewhere else so I can have the same rights as my sister. Do you really want the children of this island to have to leave? Don't we matter, too? Please don't force me to leave my home." People in the room, including several committee members, teared up. We'll see if this gets out of committee and moves forward. I'm more than nervous. |
