January 16th, 2010
When Hawaii’s Supreme Court determined in 1993 that denying marriage to same-sex couples was discriminatory, it shocked America. Although some gay folks had been fighting for decades for the ability to protect their families and honor their commitments, to most people – gay or straight – this was unexpected and foreign.
However, the court did not demand immediate implementation. It granted a period in which the state could build a case justifying the discrimination and showing that it was not unconstitutional. But in 1996 the court rejected the state’s justification and declared that denying marriage to same-sex couples was unconstitutional in the state. But they held off requiring implementation until appeal was heard.
And during the five year delay the anti-gay marriage industry was started. In 1996, the federal government passed the Defense of Marriage Act which, for the first time, asserted that the federal government would not recognize the rights of states to control marriage and family law (many “state’s rights advocates” found that their anti-gay biases were far stronger than their professed principles).
And in 1998 in Hawaii, the first “protect marriage” constitutional amendment was passed. But, unlike those which would follow, this amendment does not define marriage; rather, it defines who is entitled to define marriage:
The legislature shall have the power to reserve marriage to opposite-sex couples.
And the legislature had already done so.
However, in an effort to offer some pretense of equality in hope of avoiding being required to honor same-sex marriages, in 1997 the legislature had created a reciprocal beneficiary scheme. It wasn’t much consolation.
A reciprocal beneficiary can be comprised of any two people unable to marry (brother/sister for example) who fill out a form. The regulations that this registration impacts are minimal and the attorney general declared that the most significant benefit, workplace medical insurance, was not required to be recognized by private business.
Thus, while Hawaii has had “recognition” since 1997, it is not of much use and not often elected.
Due to the unique nature of the Hawaii amendment, there is no bar on the legislature passing marriage equality or civil unions legislation. And civil unions bills have been introduced with little reception for years.
But in 2009 a bill was introduced which received support. House Bill 444 would provide all of the rights, benefits, and privileges of marriage but under a civil union structure. The union would be conducted (rather than simply filing a clerical form) by clergy or a judge, similar to marriage. Civil unions would be limited to same-sex couples and exclude family members.
The hopes for the bill were high. It passed the House Judiciary Committee on February 5, 2009 by a vote of 12-0. It passed the full House on February 12, 2009 by a vote of 33-17. Then it went to the Senate.
Where it sat in a divided Senate Judiciary Committee.
Finally on May 7, 2009, one day before the end of the legislative session, the full Senate voted to pull the bill from the committee. But this was not to vote on HB 444; rather, it was to amend HB 444 to clarify that Hawaii was most definitely not granting marriage to same-sex couples and that this was a second-class status and to also amend the bill to allow opposite-sex couples to enter civil unions.
By amending the bill so close to the end of the session, there was no chance that the House could respond to the revised version and therefore the bill was killed for a year. Senators afraid of voting were granted a reprieve until the following year’s session.
Now that reprieve is over. (Washington Post)
When Hawaii legislators reconvene on Wednesday, all eyes will be focused not on teacher furloughs that has resulted in the nation’s shortest school year or the state’s $1 billion budget deficit, but legislation that would allow same-sex couples to form civil unions.
Supporters are cautiously optimistic of the bill’s passage. But anti-gay activists are planning a big rally for Sunday in hopes that their display of animus towards their gay neighbors and support for institutionalized discrimination will intimidate potential supports into betraying their ideals during an election year.
The Hawaii legislature is comprised almost exclusively of Democrats. The Senate has 23 Democrats and 2 Republicans, and the House split is 45-6. This is an internal Party decision.
And if the bill is passed, it will then go the Republican Governor Linda Lingle who, while encouraging the legislature to delay the bill until some other time, has refused to say whether she will sign or veto the legislation.
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.