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LGBT

Hawaii Judge Rules Against Discriminating Bed & Breakfast

Taeko Bufford and Diane Cervelli (Photo Credit: Eric Risberg/AP)

A judge in Hawaii’s first circuit has ruled that the Aloha Bed & Breakfast in Hawai’i Kai was violating state law when it discriminated against a same-sex couple and imposed an injunction preventing it from ever doing so again. Lambda Legal represented the couple, Diane Cervelli and Taeko Bufford, but the Hawai’i Civil Rights Commission (HCRC) also joined in the suit.

The couple had been visiting a close friend and her newborn baby, and they contacted the Aloha B&B because it was near where she lived. When they asked for a single bed, owner Phyllis Young asked if they were a lesbian couple, and when they confirmed they were, the owner said she was uncomfortable having lesbians in her house because of her religious views. During an HCRC investigation, Young admitted that she turned the couple away because she believes that same-sex relationships are “detestable” and that they “defile the land.”

Hawaii first passed LGBT nondiscrimination protections in public accommodations in 2006, and Cervelli and Bufford experienced their discrimination in 2007. The law stipulates that it is illegal to refuse services based on sexual orientation. Notably, Hawaii does not have same-sex marriage, so though conservatives have already started to claim that this lawsuit victory “tramples religious liberty,” they cannot claim that this case has anything to with the advance of marriage equality. Instead, it’s a clear example of how religious beliefs simply do not justify blatant discrimination.

LGBT

STUDY: Marriage Equality Would Boost Hawaii’s Economy

A new study from University of Hawai’i economics professor Sumner La Croix suggests that if Hawai’i lawmakers pass the proposed marriage equality legislation, it could provide a significant boost to the state’s economy. Same-sex couples that visit the state to marry, out-of-state guests for same-sex weddings, and same-sex couples who honeymoon there would all generate new tax revenues. The ultimate benefit could be somewhere between $46 million and $258 million over the 2014-2016 period. Conversely, marriage equality is not expected to burden either public or private employers with substantial increases in health insurance expenditures for employees.

LGBT

Hawaii’s Only Republican Senator Admits Marriage Equality Will Pass

Hawai’i's state Senate has only one Republican, and Sen. Sam Slom has conceded that proposed legislation to legalize same-sex marriage will likely pass:

SLOM: Same sex marriage probably will pass this year. You’ve got a preponderance of Democrats who support it in both Houses, you’ve got the Congressional delegation, you’ve got our Governor!

Despite his concession to inevitability, Slom will still oppose the bill:

SLOM: To me, I don’t care if gay people want to get married but to force other people to do things or to subsidize certain activities– that I oppose.

In other words, he believes that it’s perfectly fair to provide security and support for opposite-sex families but not for same-sex families. Fortunately, his position does not have the support to get anywhere.

Hearing dates have still not been set for the proposed bills.

LGBT

POLL: Majority In Hawaii Support Marriage Equality

A new poll from Equality Hawai’i shows that a majority of Hawai’i voters favor marriage equality, with 55 percent in support and only 37 percent opposed. Among voters under 35 years of age, support soars to 64-32, though even voters over the age of 50 support the change 53-38. Marriage equality bills were introduced in both chamber’s of Hawai’i's legislature last week.

Politics

New Hawaii Senator: Climate Change The ‘Most Urgent Challenge Of Our Generation’

Hawaii Lt. Gov. Brian Schatz (D), who was yesterday named to fill the Senate seat vacated by the death of Sen. Daniel Inouye (D), wants to tackle an issue that has largely disappeared from Washington’s political agenda in recent years: climate change.

Speaking briefly after being named to the seat by Gov. Neil Abercrombie (D), Schatz voiced his concern over the threat climate change poses to the world if nothing is done:

“For me, personally, I believe global climate change is real and it is the most urgent challenge of our generation,” Lt. Gov. Brian Schatz (D), whom Hawaii Gov. Neil Abercrombie (D) tapped for the seat, said in brief comments Wednesday.

While climate change poses a threat to everyone, it is particularly dangerous for the Hawaiian Islands. Sea level rises could drown its beaches and the communities around them, and two of the state’s major industries — fishing and tourism — would feel an especially large impact.

Across America, industries and the environment have been devastated by droughts and natural disasters that a changing climate has exacerbated, but little has caught the attention of policymakers. While climate change-related legislation has stalled in the U.S. in recent years, the United Nations climate summit ended earlier this month with only “modest” movement toward a deal to address the problem on a global level.

NEWS FLASH

Brian Schatz Tapped To Fill Vacancy Left By Late-Sen. Daniel Inouye | Hawaii Gov. Neil Abercrombie (D) has selected Lt. Gov. Brian Schatz (D) as Hawaii’s next senator following the death of Sen. Daniel Inouye (D-HI) earlier this month. Schatz, who had previously served in the Hawaii House of Representatives and as chair of the Hawaii Democratic Party, will be the youngest member of the Senate at 40 years old. Schatz is already boarding a flight to Washington D.C. tonight and plans to be sworn in sometime tomorrow.

LGBT

Hawaii Senate Candidate Lingle Claims Civil Union Veto Stunt Was ‘Respectful’

Former Gov. Linda Lingle (R-HI)

Former Gov. Linda Lingle (R-HI)

In a Hawaii Senate debate last week, former Gov. Linda Lingle (R-HI) came under fire for a 2010 move described by LGBT-rights activists as “unwarranted cruelty.” Rep. Mazie Hirono, her Democratic opponent and a supporter of marriage equality, noted that Lingle invited supporters of civil unions to attend what they thought would be a bill-signing ceremony, only to veto the bill.

Lingle, asked about marriage equality, said that she continues to believe marriage should only be between one man and one woman and that she would support putting the question up for a popular vote in the Aloha State. When Hirono reminded viewers of Lingle’s civil unions veto, the former governor said she thought the move was “respectful”:

HIRONO: We all remember when as governor she vetoed the civil unions bill and, in doing so, before she vetoed it, she invited members of the [LGBT] leadership to join her. And they thought that she was going to sign that bill into law. And instead, right in front of them, the very group that had worked so hard to pass this legislation, she vetoed that bill. I thought that was extremely insensitive and disrespectful of their position. Her position, my opponent’s position on marriage equality, is very much in line with national Republicans and is certainly not what the Democrats stand for.

LINGLE: … she gave the impression that I only invited one side in and then went against their point of view… in fact, I had invited both sides in. The passions were running so high, I didn’t feel it was something I should do in my office, or away from the public. And because both sides had spoken extensively on this very important topic, I invited both sides to be with me as I read my statement that day. It was a very difficult decision to make, but one I tried to do in the most respectful way possible.

HIRONO: Well, clearly, to invite the very group that had hoped she was inviting them to sign the bill into law, and instead vetoed it, I think is a very insensitive thing to do. I certainly wouldn’t have done it.

Watch the video:

Donald L. Bentz, executive director of Equality Hawaii, told ThinkProgress in August that Lingle made “an inhumane spectacle.” Activists were told on arrival “you’ll be seated with the media, you are not allowed to react, there will be no questions. If you react in any way, shape or form, you’ll be escorted out of the conference.” Supporters were not even permitted to cry from the disappointment. Lingle made the ThinkProgress Anti-LGBT Senate Candidates Dirty Dozen based on her opposition to hate crimes protections, employment protections, and marriage equality for LGBT Hawaiians.

Lingle’s explanation for this heartless gesture is that because she also invited the anti-LGBT people to see her veto the bill, it was “respectful.” Her successor, Gov. Neil Abercrombie (D), signed a similar civil unions bill into law in 2011.

LGBT

Better Know An Anti-LGBT Senate Candidate: Former Gov. Linda Lingle (R-HI)

Former Hawaii Gov. Linda Lingle (R)

Former Hawaii Gov. Linda Lingle (R)

Fourth in a series examining how anti-LGBT Senate candidates have worked to hurt the cause of equality.

With her primary win earlier this month, former Gov. Linda Lingle (R-HI) will be the Republican nominee against Rep. Mazie Hirono (D) for the open seat of retiring Sen. Daniel Akaka (D). Unlike Hirono, a 100 percent supporter of LGBT equality, Lingle has opposed the LGBT community on several major issues.

Over her time as Mayor of Maui County, Hawaii GOP chair, and as Governor:

1. Lingle has consistently and vocally opposed marriage equality. In her unsuccessful first run for Governor in 1998, her website noted that “Our state should not legalize same-sex marriage.” She endorsed a 1998 state constitutional amendment that allowed the legislature to ban same-sex unions. In a 1997 interview, she argued that marriage discrimination will always be permissible because it is currently popular, saying marriage equality “cannot ever be adopted in Hawaii because the people don’t support it. They simply don’t support it.” In 2002, when she mounted her successful second campaign for governor, her website debunked any rumor that she might support equal marriage, boasting “Linda Lingle opposes same-sex marriage, and in 1998 voted to preserve traditional marriage.”

2. Lingle demonstrated “unwarranted cruelty” when vetoing a civil unions bill. In 2010, Lingle vetoed a civil unions bill that passed the state legislature, arguing that it was “essentially marriage by another name,” and should be decided by referendum. Making matters worse, she invited LGBT activists to attend her announcement ceremony, only to devastate them with her decision. Donald L. Bentz, executive director of Equality Hawaii, told ThinkProgress that Lingle made “an inhumane spectacle.” Activists were told on arrival “you’ll be seated with the media, you are not allowed to react, there will be no questions. If you react in any way, shape or form, you’ll be escorted out of the conference.” Supporters were not even permitted to cry from the disappointment. Her successor, Gov. Neil Abercrombie (D), signed a similar civil unions bill into law in 2011.

3. Lingle refused to sign a hate-crimes bill. While she allowed the bill to become law without her signature, Lingle refused to sign a 2003 bill to add gender identity to the state’s hate crimes protections. Though members of Hawaii’s transgender community testified about the intimidation and attacks they had experienced, Lingle dismissed the importance of the bill, explaining that she did not sign the measure because “It was just not something that I felt strongly about.”

4. Lingle vetoed non-discrimination protections for transgender Hawaiians. In 2005, the state legislature passed House Bill 1450, a bill to ban employment discrimination on the basis of gender identity or expression. Lingle vetoed the bill, calling it “objectionable because it contains no limiting terms or interpretational guidelines” and could lead to “controversy and unwarranted lawsuits.” Her successor, Gov. Neil Abercrombie (D), signed a similar non-discrimination bill into law in 2011.

Watch Lingle announce her veto of a civil unions bill:

Lingle pledges on her 2012 campaign site that “No matter who proposes an idea, law, rule or regulation: if it’s good for Hawaii and our people, then I’ll be for it. If it’s not in our interests, then I’ll be against it. You have my commitment on that.” Her record would suggest that she does not believe that principal applies to LGBT Hawaiians. Her election to the U.S. Senate would be a huge threat to LGBT people and families.

Justice

Reagan-Appointed Judge Upholds Marriage Discrimination In Hawaii

Yesterday, Reagan-appointed Judge Alan C. Kay, a federal judge in Hawai’i, handed down a lengthy opinion holding that the Constitution does not provide gay Hawai’i couples with the same marriage rights as straight couples.

Kay’s opinion is 117 pages long, and its length is not surprising. Kay walks meticulously through the Supreme Court’s and other relevant gay rights precedents, identifies ambiguities — often in places where recent opinions have not found any ambiguity at all — and resolving every single uncertainty he finds in existing law in the light least favorable to gay couples. Kay cites a one sentence Supreme Court decision dismissing a gay rights case because the Court did not want to hear it as definitive proof that the justices reject equality. He reads the Ninth Circuit’s Prop 8 decision establishing that a state cannot withdraw equal marriage rights that it previously granted as narrowly as possible to diminish the significance of a 1993 Hawai’i Supreme Court decision holding that marriage discrimination is subject to the most skeptical constitutional review. And he cites favorably to an anti-gay dissenting opinion by Justice Scalia.

He also uses the word “homosexual” 50 different times.

The most important decision Kay makes, however, is that laws which discriminate on the basis of sexual orientation are only subject to “regular rational basis review,” an exceedingly low standard of constitutional scrutiny which virtually ensures that the law under consideration will be upheld. The Supreme Court’s landmark gay rights decisions in Romer v. Evans and Lawrence v. Texas suggest that a more skeptical inquiry is required — a suggestion that convinced a Republican-dominated panel of the First Circuit to strike down the Defense of Marriage Act. Neither Lawrence nor Romer, however, explicitly state that judges should treat anti-gay laws with increased skepticism, so Kay once again resolves this ambiguity against equality.

The upshot of this decision is that Kay can then uphold marriage discrimination based on flimsy arguments and studies from anti-gay organizations:

[I]t is not beyond rational speculation to conclude that fundamentally altering the definition of marriage to include same-sex unions might result in undermining the societal understanding of the link between marriage, procreation, and family structure. See HFF’s Mot. Ex. 33, Witherspoon Institute, Marriage and the Public Good: Ten Principles, 18-19 (2008) (concluding that changing the meaning of marriage “would further undercut the idea that procreation is intrinsically connected to marriage. It would further undermine the idea that children need both a mother and father, further weakening the societal norm that men should take responsibility for the children they beget.”); HFF’s Mot. Ex. 34, Andrew J. Cherlin, The Deinstitutionalization of American Marriage, 66 Journal of Marriage & Family 848, 848-50 (November 2004) (explaining that the movement to legalize same-sex marriage is the most recent development in the deinstitutionalization of marriage, i.e., the “weakening of the social norms that define people’s behavior” in the social institution of marriage).

Under rational basis review, the state is not required to show that allowing same-sex couples to marry will discourage, through changing societal norms, opposite-sex couples from marrying. Rather, the standard is whether the legislature could rationally speculate that it might.

So this is not a good opinion for equality, but it is also not clear that it will matter much in the long run. Kay’s decision will appeal to the Ninth Circuit, which has recently shown far more acceptance for gay rights than Kay. When higher courts weigh in on this case — and the plaintiffs are guaranteed at least one appeal to the Ninth Circuit as a matter of right — Kay’s opinion is likely to be forgotten. Moreover, it is worth noting that Kay is careful to distinguish his opinion from previous precedents striking down Prop 8 and DOMA. Thus, even if Kay’s reasoning stands the test of time, these particularly egregious anti-gay laws could still be on the way out.

Nevertheless, Kay’s opinion reads much like an opinion by conservative Justice Samuel Alito would read if he takes the opportunity to weigh in on marriage equality. It hunts for every single leverage point anti-gay groups can work to preserve discrimination, and struggles to pry each one open.

LGBT

Hawaii GLBT Democrats Condemn Former Governor’s ‘Unwarranted Cruelty’

The Hawaii Democrats’ GLBT Caucus has made a slightly unusual endorsement in the U.S. Senate race. Rather than endorse one candidate, they have endorsed both Ed Case and Mazie Hirono, one of whom will beat the other in the August primary election. Caucus Chair Jo-Ann Adams explained that on LGBT issues, either would be ideal to defeat former Republican Linda Lingle for the seat because of her “unwarranted cruelty” to the LGBT community:

ADAMS: There are significant differences between the candidates, and members of other Caucuses have urged the Caucus to support only one candidate, because of these differences that are the purview of other caucuses. However, on our issues they both have been consistently supportive for several decades.

Linda Lingle at her best did nothing for the LGBT community. At her worst, she invited members of the LGBT Community to have assigned front-row seats at the press conference when she announced her veto of the civil unions bill. Her unwarranted cruelty will not soon be forgotten.

As of January 1, 2012, civil unions are now the law in Hawaii, but not thanks to Lingle. Her 2009 veto led the ACLU and Lambda Legal to sue the state for equal treatment for same-sex couples. They withdrew the case last year after Lingle’s successor, Gov. Neil Abercrombie (D), signed civil unions into law.

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