Hawaii Same-Sex Marriage Ban Amendment (2016)
| Same-Sex Marriage Ban Amendment | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic Marriage and family | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
| Voting on Marriage and Family |
|---|
|
| Ballot Measures |
| By state |
| By year |
| Not on ballot |
The Hawaii Same-Sex Marriage Ban Amendment was not put on the November 8, 2016 ballot in Hawaii as a legislatively referred constitutional amendment. The measure, upon voter approval, would have reserved marriage to opposite-sex couples and, therefore, banned same-sex marriages.[1]
The proposed measure was sponsored in the Hawaii Legislature by Rep. Bob McDermott (R-40) as House Bill 1302.[1]
Background
In 1998, Hawaiians voted on and approved Question 2, which gave the legislature the authority to reserve marriage to opposite-sex couples. Unlike other states, the amendment did not place a ban on same-sex marriages in the state constitution. On November 13, 2013, Gov. Neil Abercrombie (D) signed the Hawaii Marriage Equality Act, thus legalizing same-sex marriages in Hawaii.[2] Rep. Bob McDermott (R-40), who is sponsoring House Bill 1302, attempted to bring the issue to court, arguing that the 1998 constitutional amendment only allowed the legislature to ban same-sex marriages, not do the reverse.[3] Judge Karl Sakamoto of the O`ahu First Circuit Court denied the case, contending, "After all the legal complexity of the court's analysis, the court will conclude that same-sex marriage in Hawai'i is legal."[4]
Text of measure
Ballot title
The proposed ballot question was:[1]
| “ | Shall the Constitution of the State of Hawaii be amended to reserve marriage to opposite-sex couples?[5] | ” |
Constitutional changes
- See also: Article I, Hawaii Constitution
The proposed amendment would have amended Section 23 of Article I of the Hawaii Constitution. The following struck-through text would have been deleted and underlined text would have been added by the proposed measure's approval:[1]
The legislature shall have the power to reserve marriage Marriage shall be reserved to to opposite-sex couples.[5]
Path to the ballot
- See also: Amending the Hawaii Constitution
The Hawaii State Legislature can propose a legislatively referred constitutional amendment in two different ways:
- Through a two-thirds vote in both the Hawaii State Senate and the Hawaii House of Representatives, held in one legislative session.
- Through a simple majority vote in both chambers, held in two successive sessions of the legislature.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Hawaii Legislature, "HB 1302," accessed February 16, 2015
- ↑ Honolulu Star-Advertiser, "Abercrombie signs same-sex marriage bill into law," November 13, 2013
- ↑ Honolulu Star-Advertiser, "Judge open to claim from opponents," November 8, 2013
- ↑ Hawaii News Now, "Judge rules for state, says same-sex marriage in Hawaii is legal," November 14, 2013
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content
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