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Court upholds Hawaii’s traditional marriage law comment (0)

August 16, 2012


HONOLULU — A federal court has refused to legalize gay “marriage” in Hawaii, ruling the issue is best addressed by the legislature and that the current law — which defines marriage as between a man and a woman — does not violate the U.S. Constitution.

The ruling by Judge Alan C. Kay on Aug. 8 broke a string of court losses by traditionalists on the subject of gay “marriage.”

At issue in Hawaii was a constitutional amendment passed by voters in 1998 giving the legislature the power to define marriage in the traditional sense, which legislators subsequently did.

A lesbian couple and a gay man filed suit in federal court last year against Hawaii officials, arguing the amendment and law violated the Due Process and Equal Protection Clauses of the U.S. Constitution. 

But Kay ruled the legislature had a rational interest in defining marriage as between a man and a woman.

“Throughout history and societies marriage has been connected with procreation and childrearing,” Kay wrote in his 117-page decision. 

“The legislature could rationally conclude that on a societal level, the institution of marriage acts to reinforce ‘the important legal and normative link between heterosexual intercourse and procreation on the one hand and family responsibilities on the other.’”

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