The U.S. state of Hawaii currently recognizes same-sex couples in reciprocal beneficiary relationships, which provide limited rights and benefits. Civil unions that provide benefits similar to marriage were legalized in 2011, and became available on January 1, 2012. Same-sex marriage is banned by state law, and lawful out-of-state same-sex marriages are recognized as civil unions in Hawaii.
Following a 1993 decision by the Hawaii State Supreme Court that found the state’s refusal to grant same-sex couples marriage licenses discriminatory, voters in 1998 approved a constitutional amendment granting the Hawaii State Legislature the power to reserve marriage to opposite-sex couples, which it later did by passing a law that banned same-sex marriage. Bills creating civil unions were considered several times, but failed to receive approval in legislative committees before 2009. In 2010, Hawaii House Bill 444 (HB 444), which would have created civil unions for same-sex and opposite-sex couples, passed the Hawaii House of Representatives and the Hawaii Senate. It was vetoed by Governor Linda Lingle in July 2010.
A bill substantively similar to HB 444, Senate Bill 232, was passed on January 26, 2011, by the Senate Judiciary and Labor Committee in a 3-2 vote, and was passed by the full Senate 19-6 on January 28; a modification to the bill was then made in the House of Representatives before passage on February 11 by a vote of 31-19. The Senate passed the revised bill on February 16, and Governor Neil Abercrombie signed it into law on February 23. Civil unions will begin on January 1, 2012.
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HAWAII STATE LAWS
2010 Hawaii Code
DIVISION 3. PROPERTY; FAMILY
TITLE 31. FAMILY
572. Marriage
§572-1.6 Private solemnization not unlawful.
HI Rev Stat § 572-1.6 (2010 through Reg Sess)
Nothing in this chapter shall be construed to render unlawful, or otherwise affirmatively punishable at law, the solemnization of same-sex relationships by religious organizations; provided that nothing in this section shall be construed to confer any of the benefits, burdens, or obligations of marriage under the laws of Hawaii. [L 1994, c 217, §5]
HI Rev Stat § 572-11 (2010 through Reg Sess)
§572-11 Marriage ceremony; license to solemnize.
It shall not be lawful for any person to perform the marriage ceremony within the State without first obtaining from the department of health a license to solemnize marriages. [CC 1859, §1283; RL 1925, §2949; am L 1929, c 104, §5; RL 1935, §4639; RL 1945, §12360; RL 1955, §323-11; am L Sp 1959 2d, c 1, §19; HRS §572-11; am L 1969, c 19, §1]
Case Notes
License is necessary, but marriage may be presumed although no proof of license. Presumption is rebuttable. 34 H. 161.
Cited: 16 H. 377, 379; 74 H. 530, 852 P.2d 44.
HI Rev Stat § 572-12 (2010 through Reg Sess)
§572-12 By whom solemnized.
A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by any minister, priest, or officer of any religious denomination or society who has been ordained or is authorized to solemnize marriages according to the usages of such denomination or society, or any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society, or any justice or judge or magistrate, active or retired, of a state or federal court in the State, upon presentation to such person or society of a license to marry, as prescribed by this chapter. Such person or society may receive the price stipulated by the parties or the gratification tendered. [CC 1859, §1285; RL 1925, §2950; am L 1929, c 104, §6; RL 1935, §4640; RL 1945, §12361; RL 1955, §323-12; HRS §572-12; am L 1969, c 19, §2; am L 1974, c 15, §1]
Case Notes
In adultery, testimony of clergy who was authorized to solemnize and perform marriage is admissible. 10 H. 440.
If record introduced, not necessary to prove that celebrant had authority to solemnize. 10 H. 442.
No ceremony necessary, but license is. 25 H. 397, rev’g 16 H. 377.
Cited: 74 H. 530, 852 P.2d 44.
HI Rev Stat § 572-13 (2010 through Reg Sess)
§572-13 Record of solemnization; marriages, reported by whom; certified copies.
(a) Recordkeeping. Every person authorized to solemnize marriage shall make and preserve a record of every marriage by the person solemnized, comprising the names of the man and woman married, their place of residence, and the date of their marriage.
Every person authorized to solemnize marriage, who neglects to keep a record of any marriage by the person solemnized shall be fined $50.
(b) Marriages, reported by whom. It shall be the duty of every person, legally authorized to perform the marriage ceremony, to report within three business days every marriage ceremony, performed by the person, to the agent of the department of health in the district in which the marriage takes place setting forth all facts required to be stated in a standard certificate of marriage, the form and contents of which shall be prescribed by the department of health.
(c) Certified copies of certificate of marriage. The department of health shall deliver one certified copy of the certificate of marriage or the contents or any part thereof as provided in section 338-13 to the persons married. The certificate shall be prima facie evidence of the fact of marriage in any proceeding in any court.
The department of health shall upon request, furnish to any applicant additional certified copies of the certificate of marriage or any part thereof.
Copies of the contents of any certificate on file in the department, certified by the department shall be considered for all purposes the same as the original.
The department may prescribe reasonable fees, if any, to be paid for certified copies of certificates. [L 1864, p 21; am L 1903, c 8, §2; am L 1911, c 23, §1; RL 1925, §2951; RL 1935, §4641; RL 1945, §12362; RL 1955, §323-13; HRS §572-13; am L 1974, c 31, §2; am L 1978, c 49, §2; am L 1981, c 202, §2; gen ch 1985]
Case Notes
Record competent evidence to prove marriage. 10 H. 442.
Record as evidence, introduction. 25 H. 392.
HI Rev Stat § 572-13.5 (2010 through Reg Sess)
[§572-13.5] Revocation or suspension of licenses to solemnize.
Any license to solemnize marriages issued pursuant to section 572-12 may be revoked or suspended by the department of health, if the holder of the license has failed to comply with the applicable provisions of this chapter or of the rules of the department of health. [L 1981, c 202, §3]
HI Rev Stat § 572-15 (2010 through Reg Sess)
§572-15 Delivery of records to department of health; penalty.
Whenever any agent authorized to grant marriage licenses ceases to be an agent, or is directed to do so by the department of health, or leaves the State, the agent shall deliver to the department all the agent’s records of marriage licenses. Upon the death of any such agent such records shall be delivered to the department by the agent’s personal representative or other legal representative.
Whenever any person holding a license to perform the marriage ceremony is directed to do so by the department, or whenever the license is canceled or otherwise terminated or upon the departure from the State of any such person, the person shall deliver to the department all the person’s records of marriages, or upon the death of any such person such records shall be delivered to the department by the person’s personal representative, or other legal representative.
Any person violating this section shall be fined not more than $500. [L 1864, p 22; am L 1903, c 8, §2; RL 1925, §2953; am L 1929, c 104, §7; am L 1931, c 65, §2; RL 1935, §4643; RL 1945, §12364; RL 1955, §323-15; am L Sp 1959 2d, c 1, §19; HRS §572-15; am L 1976, c 200, pt of §1; gen ch 1985]
