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Daniel Foley
Daniel Foley was a judge on the Hawaii Intermediate Court of Appeals. He was nominated to the court by former Democratic Governor Ben Cayetano in July 2000, and his nomination was confirmed by the Hawaii State Senate on August 5, 2000. He retired in December 2016.[1]
Foley took the bench on October 2, 2000, and his final 10-year term was set to end on October 1, 2020.[2][3][4]
Prior to his judicial career, Foley was a prominent civil rights lawyer. He represented the plaintiffs in the same-sex marriage case Baehr v. Miike, the first case filed against a state challenging prohibitions on same-sex marriage.[5]
Education
Foley earned his B.A. in 1969 and his J.D. in 1974 from the University of San Francisco.[4]
Career
- 2013-Present: Justice, Supreme Court of the Republic of Palau
- 2007-2015: Chair, Hawaii Access to Justice Commission
- 2000-2016: Judge, Hawaii Intermediate Court of Appeals
- 1989-2000: Partner, Partington & Foley
- 1987-1989: Attorney in private solo practice
- 1984-1987: Director, American Civil Liberties Union of Hawaii
- 1975-1983: Legal counsel, Micronesia
- 1969-1970: Peace Corps member[6][7]
Supreme Court of the Republic of Palau
On November 16, 2011, Foley was appointed to the Supreme Court of the Republic of Palau. The appointment was made by Palau's President Johnson Toribiong. Palau is a small island nation west of Hawaii in "free association" with the U.S., meaning the U.S. provides defense, money and access to social services to Palau's citizens.[8][9] Foley was chosen for this role because of his previous experience as counsel for governmental bodies in Micronesia, including Palau.[10]
Same-sex marriage case
While working as a civil rights attorney, Foley represented three same-sex couples who sued the state of Hawaii because the Hawaii Health Department refused to give them a license to marry. The landmark case, which came to be known as Baehr v. Miike, was filed in 1990 and was the first of its kind. It stated that the couples met all requirements for marriage in the state of Hawaii except they were of the same sex. No law in the state at that time said that marriage must be between a man and a woman.[5][11] The trial court, however, dismissed the case in 1991. The Hawaii Supreme Court ruled that the case had merit and that preventing same-sex marriage was discrimination. The case was sent back to a lower court for trial in 1993. The court noted that the state must show a compelling interest in prohibiting same-sex marriage.[11]
Hawaii legislature reacts
Meanwhile, the Hawaii Legislature responded to the lawsuit by creating the Commission on Sexual Orientation and the Law to study gay marriage and its impact on society. The commission ultimately concluded that gay marriage would have no detrimental effect on society and recommended that the Legislature pass an act on domestic partnerships, which it did.[11] On January 23, 1996, Foley, then an attorney, participated in a panel discussion on same-sex marriage sponsored by the group Freedom to Marry. The panel discussion may be viewed in its entirety here. In 1997, Hawaii passed a law providing for a reciprocal beneficiary registration. This registration process was available to anyone prevented from marrying, not just same-sex couples. It created, in effect, a pseudo-civil marriage or partnership wherein two people could name the other in a registration with the state and have legal rights flow from that act. These rights included things like inheritance rights, the right to sue for wrongful death, hospital visitation, and health and retirement benefits.[12]
Baehr v. Miike trial
The case of Baehr v. Miike went to trial in 1996. The trial court judge ruled in favor of the plaintiffs, finding the state could prove no compelling interest to prohibit same-sex marriage. The state claimed the following as its reasons for doing so:
| “ |
|
” |
| —State of Hawaii[14][15] | ||
The state appealed the trial court decision to the Hawaii Supreme Court. While waiting to be heard on the matter, the citizens of Hawaii passed an amendment to the state constitution defining marriage as between couples of opposite gender. When the Supreme Court finally took up the matter in 1999, however, it found that the case was moot. The issue was decided by voters when they passed the constitutional amendment. Therefore, the Hawaii Supreme Court dismissed the case and reversed the trial court's ruling. The official judgment in Baehr v. Miike was for the state.[11]
Impact of the case
| “ | The pursuit of equal justice for all is truly a noble endeavor.[13] | ” |
| —Judge Daniel Foley[16] | ||
The case made an impact for a couple of reasons. First, it was the first case of its kind, opening up the possibility of more lawsuits. Second, the Hawaii Supreme Court was the first in the nation to rule that same-sex couples may have a fundamental right to marry.[5] Miike was substituted for Lewin during the pendency of the case.[12][17][11]
In 2013, Hawaii recognized the right of same-sex couples to enter into marriage.[17] At the signing of the bill, Governor Neil Abercrombie recognized Foley as opening the door to the possibility of the law.
| “ | At any given moment in our lives when we are asked to do something in our duties, or out of our joys, we don't always know that it would have such a lasting impact down the line.[13] | ” |
| —Gov. Neil Abercrombie[18] | ||
Noteworthy cases
Marijuana activists lose in appeals court (2014)
In 2011, marijuana activists in Hawaii filed suit to have the Lowest Law Enforcement Priority of Cannabis Ordinance (LLEP) enforced. This ordinance was passed in 2008 and was intended to make adults using marijuana on private property a low priority for police. The trial court judge, Greg K. Nakamura, dismissed the case after finding Title 37 of the Hawaii state code preempted the county ordinance. The activists appealed that dismissal to the Hawaii Intermediate Court of Appeals.
Judge Daniel Foley wrote the opinion for the unanimous court.
| “ | The County derives its powers to enact and enforce ordinances from the general laws of the state of Hawaii...The County’s authority to enact and enforce ordinances, however, is limited by the legislature’s power to enact laws of ‘statewide concern.’”[13] | ” |
| —Judge Daniel Foley[19] | ||
Articles:
Recent news
The link below is to the most recent stories in a Google news search for the terms Judge Daniel Foley Hawaii. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
- Hawaii State Judiciary, "Hawaii Intermediate Court of Appeals"
- Freedom to Marry, "The freedom to marry in Hawaii: A Victory 20 years in the making," November 9, 2013
Footnotes
- ↑ Governor of the State of Hawaii David Y. Ige, "Governor's Office News Release: Governor Ige Appoints Derrick H.M. Chan to Intermediate Court of Appeals," February 3, 2017
- ↑ Honolulu Advertiser, "Editorial: Foley Nomination is Good Call by Cayetano," July 29, 2000
- ↑ Star Bulletin, "Senate confirms Foley, 3 other judges," August 5, 2000
- ↑ 4.0 4.1 Hawaii State Judiciary, "Associate Judge Daniel R. Foley," accessed May 5, 2015
- ↑ 5.0 5.1 5.2 Findlaw.com, "1993: The Hawaii Case of Baehr v. Lewin," accessed May 5, 2015
- ↑ LinkedIn, "Daniel Foley," accessed May 5, 2015
- ↑ Hawaii Access to Justice Commission, "Commissioners," accessed May 5, 2015
- ↑ Palau Government, "About Palau," accessed May 6, 2015
- ↑ U.S. Department of State, "U.S. Relations With Palau," accessed May 6, 2015
- ↑ Palau Supreme Court, Press Release: "New Part-Time Associate Justice of the Palau Supreme Court," November 30, 2011
- ↑ 11.0 11.1 11.2 11.3 11.4 Wikipedia, "Baehr v. Miike," accessed May 5, 2015
- ↑ 12.0 12.1 Hawaii Department of Health, "About Reciprocal Beneficiary Relationships," accessed May 5, 2015
- ↑ 13.0 13.1 13.2 13.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Wikipedia, "Baehr v. Miike," accessed May 5, 2015
- ↑ Baehr v. Miike, "Circuit Court for the First Circuit, Hawaii No. 91-1394," accessed May 5, 2015
- ↑ Hawaii Justice Foundation, "Hawaiʻi Access to Justice Commission," accessed May 5, 2015
- ↑ 17.0 17.1 Freedom to Marry, "Hawaii," accessed May 5, 2015
- ↑ Hawaii Courts, "Governor Honors Former Justice and Sitting Judge," accessed May 5, 2015
- ↑ West Hawaii Today, "Appeals court sides with marijuana enforcement ruling," February 10, 2014
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Hawaii • U.S. Bankruptcy Court: District of Hawaii
State courts:
Hawaii Supreme Court • Hawaii Intermediate Court of Appeals • Hawaii Circuit Courts • Hawaii District Courts • Hawaii Family Courts
State resources:
Courts in Hawaii • Hawaii judicial elections • Judicial selection in Hawaii
