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The Honolulu Advertiser
Posted on: Thursday, March 26, 2009

CIVIL-UNIONS BILL LOSES HAWAII VOTE
Isle gay-rights advocates dealt setback

 •  Same-sex marriage efforts advancing

By Derrick DePledge
Advertiser Government Writer

Hawaii news photo - The Honolulu Advertiser

People wait in line to attend the state Senate session on civil unions. Many in the crowd wore red, a symbol of opposition to civil unions.

RICHARD AMBO | The Honolulu Advertiser

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The state Senate yesterday rejected a motion to pull a civil unions bill from committee, severely undercutting the prospect the bill will advance this session and forcing gay-rights activists to reconsider their strategy for achieving equality.

The motion failed in an 18-6 vote after senators balked at taking the extraordinary step of recalling the bill from the Senate Judiciary and Government Operations Committee. The committee had split 3-3 last month over the bill after an emotional 16-hour public hearing.

Several senators said it is possible the bill could be amended, perhaps to expand the rights of same-sex partners under the state's reciprocal beneficiaries law, but that could pose practical challenges given that state budget concerns will likely dominate the remainder of the session.

Last month, it appeared Senate Democrats had the nine votes required under the state Constitution to recall the bill from committee and as many as 18 votes to pass the bill on the floor. But public protests by religious conservatives, and the apprehension of many senators to bypass the committee process, caused the votes to peel away.

The decision by state Sen. Brian Taniguchi, D-10th (Manoa, McCully), the chairman of the Senate Judiciary and Government Operations Committee, to oppose recalling the bill sealed the vote.

"It is because of the pro- cess. And I know that, for some members of the public, they're not going to really understand that difference. But it really is the chairmanship process," said state Senate President Colleen Hana- busa, D-21st (Nanakuli, Ma- kaha).

Although bills have been recalled from committee in the past, the procedure is rare, and Hanabusa said it is usually attempted when a committee chairman has refused to hold a hearing. "I think that many of the senators were persuaded by how the chairman felt," she said of Taniguchi.

Several senators privately faulted state Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau), for forcing the motion yesterday after it became apparent a majority did not want to recall the bill. One of Hooser's allies in the chamber, state Sen. Shan Tsutsui, D-4th (Kahului), even suggested Hooser was acting out of political ambition since Hooser has announced he is running for lieutenant governor in 2010.

Hooser told reporters after the vote that he believed trying to bring the bill to the floor was a matter of principle.

"For those people who think that this is going to help me in the lieutenant governor's race, I have a bridge I'd like to sell them," he said. "I'm doing this because it's right. And, in my opinion, and this is a point of principle, I believe in equal treatment of all people."

Hundreds of people filled the Senate gallery for the vote and dozens more gathered outside at the state Capitol. Many in the crowd wore red, a symbol of opposition to civil unions, and the audience broke into shouts of joy when the motion was defeated.

The bill, which passed the House in a 33-17 vote last month, would give same-sex partners who enter civil uni- ons the same rights, benefits and responsibilities as married couples under state law. It would also recognize civil unions, domestic partnerships and same-sex marriag- es performed in other states as civil unions in Hawai'i.

"This is a victory for traditional marriage and preserving the will of the people," Lt. Gov. James "Duke" Aiona said of the vote yesterday. "The Senate responded to the overwhelming majority of citizens who stepped forward to reaffirm marriage between a man and a woman.

"I have said from the beginning that House Bill 444 attempts to circumvent the will of the people by authorizing same-sex marriage under a different name."

Dennis Arakaki, interim executive director of the Hawai'i Family Forum, which led demonstrations against civil unions, said he was pleasantly surprised because he thought supporters of the bill had the votes in the Senate. "I think, in the end, the fact that this would have been an extraordinary measure to take — especially after the long hearing — it just didn't make sense and wasn't worth doing," he said.

Gay-rights activists, who thought they were close to victory after years of outreach, were crestfallen.

"I think it's awful that they've hidden behind the smokescreen of procedure and rumor to deny us the rights that we're guaranteed by the Constitution. It's just inexcusable," said Jo-Ann Adams, an attorney active with the Democratic Party of Hawai'i.

Several senators had given activists personal assurances that they supported civil unions, which made yesterday's vote particularly difficult for some to accept.

"What I have a hard time reconciling is how you can say, 'Yes, I am very much for this right,' and you're going to get caught up in some sort of procedural game?" Adams said. "There was clearly a constitutional basis and precedent for pulling this bill. That's the part that I find impossible to accept."

For example, one freshman, state Sen. Michelle Kidani, D-17th (Mililani, Wai- pi'o), said she felt compelled to vote for the recall after making commitments based on her belief that Taniguchi and other Senate leaders would agree to pull the bill. Taniguchi had initially said he would vote with reservations on the recall.

Kim Coco Iwamoto, of the state Board of Education, said activists won't give up.

"I think they missed the boat, a lot of people missed the boat today," she said, adding that she doubts activists would accept expanded rights under the reciprocal beneficiaries law that stop short of equality.

"We're going to be working and organizing and mobilizing on this issue ... We need to keep this issue alive that every day we're being discriminated against," Iwa- moto said. "Every day."

State Rep. Blake Oshiro, D-33rd ('Aiea, Halawa Valley, 'Aiea Heights), the bill's sponsor, said he was extremely disappointed. "Unfortunately, it appears that sometimes people are more concerned about keeping their job than doing their job," he said.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.