“If the traditional institution of marriage is to be restructured, as sought by plaintiffs, it should be done by a democratically-elected legislature or the people through a constitutional amendment, not through judicial legislation that would inappropriately preempt democratic deliberation regarding whether or not to authorize same-sex marriage.”For background, read Same-sex Civil Unions Become Law in Hawaii and also read Lesbian to Judge Constitutionality of Illinois Marriage Law
-- Judge Alan C. Kay
-- From "Federal judge rules against Hawaii gay marriage" by Jennifer Sinco Kelleher, Associated Press 8/8/12
The lawsuit by Natasha Jackson and Janin Kleid argues they need to be married in order to get certain federal benefits. Co-plaintiff Gary Bradley wants to marry his foreign national partner to help him change his immigration status. Their attorney, John D'Amato, said they will appeal.
The case put Gov. Neil Abercrombie in the unusual position of both being a defendant in the lawsuit while supporting the plaintiffs' claims, saying a same-sex marriage ban is unconstitutional.
Wednesday's ruling also denied Hawaii Family Forum's motion to dismiss Abercrombie as defendant. The group argued Abercrombie has no place on either side of the lawsuit, partly because he is not the state official in charge of issuing marriage licenses. Abercrombie signed Hawaii's civil union legislation into law last year, allowing same-sex and opposite-sex couples to enter into a civil union with the same state rights and responsibilities as traditional marriage.
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From "Federal judge upholds Hawaii ban on same-sex marriage" by Ken Kobayashi, Honolulu Star-Advertiser 8/8/12
Kay ruled in favor of state Health Director Loretta Fuddy and the Hawaii Family Forum, and against the three plaintiffs and Gov. Neil Abercrombie, who contended the law violated the Constitution.
John D’Amato, lawyer for the plaintiffs, said he will appeal to the U.S. 9th Circuit Court of Appeals.
Kay earlier allowed the Hawaii Family Forum, a Christian organization, to intervene in the case and defend the laws.
He heard more than two hours of arguments in the case on July 24.
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From "Federal judge upholds constitutionality of Hawaii’s marriage law" by Catholic World News 8/9/12
A senior district court judge has upheld the constitutionality of a Hawaiian law that defines marriage as the union of a man and a woman.
“It is not beyond rational speculation to conclude that fundamentally altering the definition of marriage to include same-sex unions might result in undermining the societal understanding of the link between marriage, procreation, and family structure,” Judge Alan Cooke Kay, a Reagan appointee, wrote. “Because Hawaii’s marriage laws are rationally related to legitimate government interests they do not violate the federal Constitution.”
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The entire ruling:
