The voters of Hawaii voiced their strong support for same-sex marriages in Tuesday’s General Election.
According to the most current numbers available, by a vote of 232,017 to 180,714, the statewide electorate repealed the Legislature’s authority to reserve marriage to opposite-sex couples. That’s 56.2% of the valid ballots cast bearing a yes vote, versus 43.8% voting no on ballot Question No. 1.
The amendment to the state Constitution was introduced as a bill the last legislative session by House Speaker Scott Saiki, an urban Honolulu Democrat.
The measure received 316 pages of written testimony before the House Committee on the Judiciary and Hawaiian Affairs, with only 20 testifiers — all individuals — in opposition.
A short list of those who testified in favor include: Hawaii Civil Rights Commission; American Civil Liberties Union of Hawaii; Hawaii State AFL-CIO; Hawaii Friends of Civil Rights; North Hawaii Community Action Network; Japanese American Citizens League, Honolulu Chapter; Rainbow Family 808; Democratic Party of Hawaii; Stonewall Caucus of the Democratic Party of Hawaii; Hawaii Ports Maritime Council; Drug Policy Forum of Hawaii; and Hawaii Nurses’ Association — OPEIU Local 50.
The committee report submitted by House Judiciary and Hawaiian Affairs Chairman David Tarnas, a Big Island Democrat, noted there is concern that the current U.S. Supreme Court will revisit the 2015 Obergefell v. Hodges decision, which held that same-sex couples could legally exercise a fundamental right to marry under the due process and equal protection clauses of the 14th Amendment of the U.S. Constitution.
“If the Supreme Court of the United States holds that the United States Constitution does not confer a right to marry for same-sex couples, then under the marriage amendment of the Hawaii State Constitution, the authority to limit marriage in the State of Hawaii is vested in the Legislature,” Tarnas’ report stated. “This measure repeals the Legislature’s authority to limit marriage.”
There was even more support for statewide ballot Question No. 2: “Shall the Constitution of the State of Hawaii be amended to make the appointment and confirmation process for district court judges the same as the appointment and confirmation process for Supreme Court justices and intermediate court of appeals and circuit court judges?”
It passed by 274,184 yes votes, or 70.8%, to 113,211, or 29.2% voting no.
No testimony was submitted for the bill, which was introduced by Senate Judiciary Chairman Karl Rhoads, a Honolulu Democrat, with Lynn DeCoite, a Maui County Democrat, and Glenn Wakai, an Oahu Democrat.
Rhoads’ Judiciary Committee report found that “the existing Senate confirmation process for judicial appointments differs if the appointment is made by the governor or the chief justice.
“This measure will reduce confusion and provide clarity for the judicial appointment process by making the process uniform, regardless of whether the appointment is made by the governor or the chief justice,” he wrote.
In addition to the two statewide questions, there were three ballot questions proposing amendments to the Hawaii County Charter.
Two of the three proposed charter amendments passed.
The county ballot questions are as follows:
Proposal No. 1, on County Council vacancies in office: “Shall the Hawaii County Charter be amended to provide that any vacancy on the County Council that occurs or exists after a person was duly elected to fill that seat for the upcoming council term shall be filled by that duly elected successor for the remainder of the unexpired term?”
The proposed charter amendment was affirmed by a yes vote of 56,135, or 77.6%, to 16,177 no votes, or 22.4%.
The amendment proposal was introduced by Kohala Councilwoman Cindy Evans, who on Tuesday night lost her bid for a second term in office by political newcomer James Hustace.
Evans won the race in the 2022 primaries for the Kohala seat that had been vacated by then-Councilman Tim Richards to make his successful run for state Senate. She wasn’t, however, allowed to assume the vacant seat and represent her district until Inauguration Day in December 2022.
Proposal No. 2, on the mayoral appointment of department heads: “Shall the Hawaii County Charter be amended to require the mayor to appoint department heads within 30 days of the start of each mayoral term and within 60 days for any vacancy in office that occurs during the mayoral term?”
The proposal co-introduced by Kona-Kohala Councilman Holeka Inaba and Kona Councilwoman Rebecca Villegas, passed by a vote of 58,103 yes votes, or 79.3% to 15,202 no votes, or 20.7%.
It requires timely appointments by the mayor, with all department heads, whether new or holdovers from a previous administration or mayoral term, all department heads would be subject to council approval at the beginning of each mayoral term.
The one proposed charter amendment voted down by the public was Proposal No. 3: “Shall the Hawaii County Charter be amended to increase the term length for members of the Cost of Government Commission from 11 to 22 months and extend the deadline for the commission to submit its report from 11 months after appointment to 20 months after appointment?”
The proposal, introduced by Evans and Hilo Councilwoman Jenn Kagiwada, was intended to increase the time commissioners have to assess county government’s business methods before recommending improvements.
The Big Island’s voters rejected it with 42,408 no votes, or 59.5%, to 28,906 yes votes, or 40.5%
Email John Burnett at jburnett@hawaiitribune-herald.com.
