Rep. McDermott Fighting Same-Sex Marriage

Hawaii Representative Bob McDermott recently filed a lawsuitregarding a 1998 ballot issue concerning same-sex marriage. 

McDermott insists that voters in the 1998 ballot amended the constitution withthe intent to limit marriage to opposite-sex couples.  However, the Governor and many legislators are now claiming this amendment gives the state legislature the power to make all future decisions concerning same-sex marriage.  The 1998 amendment reads, “Thelegislature shall have the power to reserve marriage to opposite-sex couples.”  

Under current law, the people’s perception of aconstitutional vote’s meaning carries precedence over any subordinate statutoryconsideration.  According to McDermott, “Thepeople thought they were answering the question once and for all.  However, the horrible language that wasfoisted upon the people by the Senate Judiciary committee at the time left uswith no choice but to accept the amendment.”

See Hawaii Representative McDermott FilesLawsuit to Stop Same-Sex Legislation, Hawaii Reporter, Oct. 31, 2013.