On Tuesday, Hawaii’s outgoing Republican governor Linda Lingle chose to veto HB 444 a civil unions bill that had been hailed by supporters as historic in that it would have granted same-sex couples essentially the same state level rights, benefits and responsibilities as marriage. To catch up on Hawaii’s battle for civil unions and how we got to this point, please click here.

At a press conference on Tuesday, Lingle announced the veto while admonishing the Democratic controlled House for returning to the bill on the last day of the legislative session in April, even though every other piece of legislation that the Legislature had on its itinerary was dealt with before House Majority Leader Blake Oshiro proposed a motion to reconsider the bill. This eventually resulted in the bill being passed by a majority vote of 31-20, just short of the veto proof majority that the Senate had managed in January.

Lingle went on to say that, even though she was moved by the story of one man who visited her at her office to tell her about his experience of coming out as gay and what civil union rights would mean to him, as well as the many letters, calls and emails both for and against the bill (her office reported a 60:40 ratio against) she made her decision not on the “persuasiveness of public debates, the soundness of legal arguments, or the volume of letters and emails” or her own religious convictions, but “the depth of emotion felt by those on both sides of the issue.” As such, she placed an emphasis on vetoing the legislation so as to allow the public to vote on the matter.

The following is excerpted from Lingle’s announcement as posted by the Advocate:

After months of listening to Hawaii’s citizens express to me in writing and in person their deeply held beliefs and heartfelt reasons for supporting or opposing the Civil Unions Bill, I have made the decision to veto HB 444.

I have been open and consistent in my opposition to same gender marriage and find that HB 444 is essentially marriage by another name.

However, I want to be clear that my personal opinion is not the basis for my decision against allowing this legislation to become law. Neither is my veto based on my religious beliefs or on the political impact it might have on me or anyone else of either political party in some future election.

I am vetoing this bill because I have become convinced that this issue is of such significant societal importance that it deserves to be decided directly by all the people of Hawaii.

…

This is a decision that should not be made by one person sitting in her office or by members of the Majority Party behind closed doors in a legislative caucus, but by all the people of Hawaii behind the curtain of the voting booth.

Please click here to read the full statement over at the Advocate.
 
Shortly after this announcement, Lambda Legal and the ACLU released a statement saying that they will now go ahead with a lawsuit they had readied earlier in the year in case legislators failed to pass the civil unions bill.

From the Lambda Legal press release:

(Honolulu, July 6, 2010) — Lambda Legal and the American Civil Liberties Union of Hawai`i (ACLU) reacted today with deep disappointment following Hawai`i Governor Linda Lingle’s veto of HB 444, which would have allowed gay and straight Hawai`i couples to take legal responsibility for each other by entering civil unions. Having received strong majority votes by both houses of the Hawai`i Legislature, the bill was given final approval on April 29, the last day of the session. Lingle had until July 6 to take action on the bill.

“This was a sad surrender to political expediency that does not support business or family interests, but damages them,” said Jennifer C. Pizer, National Marriage Project Director for Lambda Legal. “In caving in to a well-orchestrated disinformation campaign mounted by the bill’s opponents, Governor Lingle has abandoned thousands of Hawai`i families who have needed this bill’s protections for many years. We’re also disappointed that the Legislature opted to not override this veto immediately—we would have preferred to see couples win fair treatment through the political branch rather than having to pursue legal action. However, we’re still ready to do what’s necessary so our clients can protect their loved ones.”

Lambda Legal and the ACLU had readied a lawsuit after the House tabled HB 444 in January. The Hawai`i Senate had previously approved the bill by a veto-proof 18-to-7 majority and sent it back to the House for a conforming vote.

“We’re obviously disappointed that Governor Lingle has, once again, used her power to deny the people of Hawai`i their civil rights” said Laurie Temple, Staff Attorney for the ACLU. “Luckily for the people of Hawai`i, however, our constitution prevents discrimination based on sexual orientation. If the Governor won’t honor her oath to uphold the constitution, the courts will.”

Hawai`i’s constitution was amended in 1998 to allow the Legislature to restrict marriage to heterosexual couples, which it has done. This means same-sex couples cannot sue for full equality through marriage. Although civil unions are a lesser status than marriage, they would provide a full range of state law protections and duties to gay and lesbian couples, such as access to family court to dissolve the legal status in an orderly way, clear duties to pay child support and alimony as spouses must, and other vital protections. Bills to offer civil unions have been under steady consideration in the Hawai`i Legislature each year since 2001.

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In a show of unity, several LGBT rights groups that worked together in the state over the past few years to try and push for civil unions have once again joined together, this time to express their disappointment over Lingle’s decision. Coalition members include Equality Hawaii, the GLBT Caucus of the Democratic Party of Hawaii, the Human Rights Campaign, PFLAG-Oahu and Pride Alliance Hawaii.

Alan Spector, legislative affairs co-chair for Equality Hawaii said:

“Today is a sad day for the thousands of Hawaii families who remain second class citizens. We fail to see how the Governor’s actions are in the best interest of Hawaii’s future and are nothing more than political maneuvering at the expense of people’s lives. We’re disappointed and outraged that same-sex families will not be treated equally under Hawaii law, but vow to come back and fight this fight another day.”

Jo-Ann Adams, Chair of the GLBT Caucus of the Democratic Party of Hawaii said:

“Today was the first time a civil unions bill passed both Houses in Hawaii by solid margins and was on the Governor’s desk for signing. With such broad support from the legislators, who are the elected officials closest to the public, and the consistent results of the professional polls showing broad support for civil unions as a civil rights issue, we are deeply disappointed that the Governor ignored the will of the people and vetoed the bill. We are determined, no matter how many sessions and election cycles it takes, to achieve full recognition for our families.”

Joe Solmonese, President the Human Rights Campaign said:

“Americans nationwide share in the disappointment and outrage of thousands of Hawaii’s families who will not receive equal treatment under law. Thankfully, there are local advocates as well as leaders in the Hawaii legislature who will continue to further the cause of equality. For decades, we have been a loyal partner in this fight for fairness in the Aloha State and we pledge to stand with them for years to come.”

Rev. Carolyn M. Golojuch, President of PFLAG-Oahu said:

“Today, on July 6, 2010, Gov. Linda Lingle denied social justice when she vetoed HB444 for Civil Unions. Her denial is a violation of the integrity of her office and a violation of her oath of office. Governor Lingle’s denial of equal rights, benefits and protections for one segment of our citizens is a denial for all of our citizens of Hawaii.”

Tara O’Neill, President of Pride Alliance Hawaii said:

“The members of Pride Alliance Hawaii are greatly disappointed in Governor Lingle’s decision to veto the Civil Unions bill and allow the state to continue its discriminatory practices against same-sex couples. Two separate and independent economic studies, a poll conducted by a nationally recognized polling organization, and the thousands of residents who vocalized their support of the bill to the Governor and the Legislature over the past two years makes clear that the passage of HB444 is good economic sense, is socially just, and is supported by the people of Hawaii. The LGBT community’s fight for equality in Hawaii will continue.”

In Tuesday’s statement, Lingle made reference to the fact that she was warned by civil union foes that a decision to sign the legislation would result in a series of court actions that would only draw out the issue.

But in vetoing, Lingle has effectively guaranteed this, perpetuating an argument that has lasted well over a decade and damning the state to yet again waste valuable resources, court time and the Legislature’s time when a bill for civil unions is once again reintroduced. With this decision Lingle has also effectively kept the embers of animosity nicely warmed for at least another couple of years, prolonging a fight she could have ended, at least for a time, with a simple decision not to sign the bill but let it pass into law without her assent.

Putting civil unions before voters is also a slap in the face. The state supreme court already ruled that Hawaii’s constitution guarantees same-sex couples these rights unless the state could provide a compelling reason to justify this exclusion. By proposing to subject these rights to a public vote, mindful that minority rights put to a majority vote is essentially always a flawed concept, Lingle has effectively failed in fulfilling her responsibility to Hawaii’s lesbian and gay citizens.

With LGBT rights groups already urging boycotts of Hawaii so as to deny the state a significant proportion of its tourism, the fallout from Lingle’s decision seems a long way from being fully realized, but given that she will not be seeking another term as governor this year, it appears her legacy is now crystallized, with gay rights advocates viewing this as a clear discriminatory blow, and Hawaii’s traditional marriage groups praising her as a stalwart for the cause.

It is rumored that Lingle may be persuaded into making a bid for a place in the U.S. Senate. No doubt her decision to veto this bill would be seen as a feather in her cap for the powerful right of center groups should she decide to take that next step. 

• Find out who voted in favor of the civil unions bill here.
• Read more on the Supreme Court case Baehr v. Miike which brought the issue of marriage equality to the foreground in Hawaii and the U.S. 

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• Repeal DOMA, support the Respect for Marriage Act.