Text of HI HB 164 (2012)

HOUSE OF REPRESENTATIVES H.B. NO. 164 TWENTY-SIXTH LEGISLATURE, 2011 STATE OF HAWAII A BILL FOR AN ACT Proposing an amendment to the hawaii constitution to allow marriage between same sex couples. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The purpose of this Act is to propose an amendment to article I, section 23, of the Hawaii Constitution to define marriage as a relationship between two people as husband, wife, or spouse. The legislature finds that the equal treatment of all people is of fundamental and unequaled importance to the State, the nation, and society, and this interest extends to recognizing equal rights in the legal relationship of matrimony. During the 1997 legislative session, H.B. No. 117 was enacted to propose an amendment to the Hawaii Constitution by adding a new section relating to marriage. The proposed amendment was ratified by Hawaii voters in the general election of November 3, 1998, and provides that the legislature "shall have the power to reserve marriage to opposite sex couples." State law currently provides that a valid marriage is only between a man and a woman, which is contrary to the overriding interest of equality. Therefore, a constitutional amendment that expressly recognizes legal equality in marriage laws for opposite and same sex couples is necessary. SECTION 2. Article 1, section 23, of the Hawaii Constitution is amended to read as follows: "Section 23. [The legislature shall have the power to reserve marriage to opposite-sex couples.] Marriage is a legally sanctioned union between two people of the opposite or same sex." SECTION 3. The question to be printed on the ballot shall be as follows: "Shall marriage be defined as a legally sanctioned union between two people of the opposite or same sex?" SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored. SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Hawaii Constitution. INTRODUCED BY: _____________________________ Report Title: State Constitution; Marriage; Same-sex Description: Constitutionally allows same sex marriage by defining a marriage as a legal relationship between two people. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.