Text of HI HB 165 (2012)

HOUSE OF REPRESENTATIVES H.B. NO. 165 TWENTY-SIXTH LEGISLATURE, 2011 STATE OF HAWAII A BILL FOR AN ACT proposing an amendment to the Hawaii constitution to define marriage as between a man and a woman. 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 only between a man and a woman as husband and wife. The legislature finds that the unique social institution of marriage involving the legal relationship of matrimony between a man and a woman is a protected relationship of fundamental and unequaled importance to the State, the nation, and society. 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." Although state law currently provides that a valid marriage contract is only between a man and a woman, a constitutional amendment that expressly limits marriage to a legally sanctioned union only between a man and a woman is necessary to provide further clarification and specificity. 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 only between a man and a woman." SECTION 3. The question to be printed on the ballot shall be as follows: "Shall marriage be defined as a legally sanctioned union only between a man and a woman?" 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 Constitutional material to be repealed is bracketed and stricken.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 Description: Constitutionally prohibits same sex marriage by defining marriage as a relationship only between a man and a woman. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.