Text of HI HCR 217 (2013)

HOUSE OF REPRESENTATIVES H.C.R. NO. 217 TWENTY-SEVENTH LEGISLATURE, 2013 STATE OF HAWAII HOUSE CONCURRENT RESOLUTION requesting the convening of a task force to study the social, economic, and religious impacts of enacting marriage equality in hawaii. WHEREAS, twenty years ago, the Hawaii Supreme Court issued a landmark decision in Baehr v. Miike, which held that the State of Hawaii’s refusal to grant marriage licenses to same-sex couples violated the Hawaii State Constitution's prohibition against sex discrimination; and WHEREAS, in 1998, Hawaii voters ratified a constitutional amendment to add Article I, section 23, to the Hawaii State Constitution, which grants the Legislature the power to reserve marriage to opposite-sex couples; and WHEREAS, section 572-1, Hawaii Revised Statutes, currently provides that a valid marriage contract exists only between a man and a woman; and WHEREAS, in 2011, the Legislature enacted Act 1, Session Laws of Hawaii 2011, establishing civil unions in Hawaii; and WHEREAS, many of Hawaii's residents continue to believe that civil unions do not ensure equal treatment for all of Hawaii's people; and WHEREAS, same-sex partners in a civil union are excluded from the approximate 1,138 federal rights and benefits that are available to opposite-sex married couples; and WHEREAS, the President of the United States, the Governor of Hawaii, Hawaii's entire Congressional Delegation, the Mayor of the City and County of Honolulu, and many members of the County Councils throughout Hawaii support marriage equality; and WHEREAS, there is substantial evidence that enacting marriage equality would have a significant economic impact on Hawaii; and WHEREAS, the Legislature wishes to ensure that any state legislation on marriage equality ensures protections for clergy and religious institutions; now, therefore, BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the Dean of the William S. Richardson School of Law at the University of Hawaii at Manoa is requested to convene a task force to study the social, economic, and religious impacts of enacting marriage equality in Hawaii; and BE IT FURTHER RESOLVED that the Dean of the William S. Richardson School of Law at the University of Hawaii at Manoa is requested to serve as the chair of the task force and to select the following members: (1) Two esteemed members of Hawaii's legal community, preferably including at least one attorney who has served the State or one of the State's counties, or their designees; (2) Two members of Hawaii's business community, including at least one member representing Hawaii's tourism industry, or their designees; (3) One current or former clergy member, or the clergy member's designee; (4) One member of a prominent community organization that advocates for marriage equality, or the member's designee; and (5) One professor of economics from the University of Hawaii at Manoa who co-authored a study on the impact of same-sex marriage on Hawaii's economy and government, or the professor's designee; and BE IT FURTHER RESOLVED that the task force shall include two additional members, or their designees, as follows: (1) The Speaker of the House of Representatives; and (2) The President of the Senate; and BE IT FURTHER RESOLVED that in studying the impacts of enacting marriage equality legislation, the task force is requested to, among other things: (1) Determine whether civil unions are sufficient to provide the rights, benefits, and dignity necessary to ensure strong, healthy families in Hawaii; (2) Examine the impact of the forthcoming United States Supreme Court's decisions in United States v. Windsor, regarding the constitutionality of the Defense of Marriage Act, and Hollingsworth v. Perry, regarding the constitutionality of California's ballot initiative banning same-sex marriages known as Proposition 8, which are anticipated by summer of 2013; (3) Examine the economic impact of passing, or failing to pass, marriage equality legislation in Hawaii; and (4) Review the effects of enacting marriage equality, through legislative action, judicial action, or ballot initiatives, in Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington, and the District of Columbia, to determine whether Hawaii should follow those jurisdictions, and to determine whether improvements could be made based on the experiences of those jurisdictions; and BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than November 1, 2013; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Dean of the William S. Richardson School of Law at the University of Hawaii at Manoa, Executive Director of the Hawaii Tourism Authority, Executive Director of the Hawaii State Bar Association, Executive Director of the Hawaii Business Roundtable, Chair of the Department of Economics at the University of Hawaii at Manoa, President of Interfaith Alliance Hawai‘i, and President of The Chamber of Commerce of Hawaii. OFFERED BY: _____________________________ Report Title: Social, Economic, and Religious Impacts of Enacting Marriage Equality in Hawaii