Poor protections for those who don't want to perform the ceremonies ...
The text of the proposed law is here -->>
http://governor.hawaii.gov/wp-content/uploads/2013/08/Marriage_Bill_8-22-13.pdf
Page 7 lists the religious exemptions to the law.
Marriage Law:
1. No member of the clergy otherwise authorized to solemnize such a ceremony is required to perform the ceremony.
2. No Religious Organization is required to provide facilities for such a ceremony if the organization routinely only allows members of the congregation to rent such facilities. If the Religious Organization offers such facilities to the general public for rental, they are acting as a public accommodation organization and as such fall under Public Accommodation laws. If they choose not to be subject to such laws, they are free to restrict the rentals.
Public Accommodation Laws:
Hawaii's Public Accommodation Law = "§489-3 Discriminatory practices prohibition. Unfair discriminatory practices that deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, ancestry, or disability are prohibited." (
HI Rev Stat § 489-3 :: Discriminatory practices prohibition. :: 2011 Hawaii Revised Statutes :: US Codes and Statutes :: US Law :: Justia)
It is ALREADY illegal for private for profit business to deny goods and services based on sexual orientation that they supply to the public. The recognition by the State of Same-sex Civil Marriage does not change that law.
*********************************
If your concern is that private for profit business may be required to provide services to homosexuals, they are ALREADY required to provide those services. Personally I'm against Public Accommodation Laws and think they should be repealed, private business owners should have the power to not sell goods or services as they see fit based on any reason whether it be along racial, gender, ancestry, sexual orientation lines, etc. Public Accommodation laws usurp the individuals property rights and rights of free association (or not non-association).
and a giant waste of money. Hawaii's annual session is right around the corner. Could have waited. Wasting taxpayer dollars.
As previously pointed out, with DOMA (Section 3) not being operative, there are tax implications that need to be in place prior to January 1st.
Secondly, and I've only passed through Hawaii a couple of times, the call of a special session can be a tactical move. My understanding is that, in many states, when the Governor calls a special session that the workings of the session are limited to the purpose of the call. In other words, while in special session the Legislature can only address the subject (in this case marriage equality) which precludes some of the delay/tabling actions which might be available during a regular session.
>>>>