State of Hawaii
Report of the Commission
on Sexual Orientation
and the Law

    Chapter 5 Part 1 Footnotes

  1. See "Five Hawaii Polls On Legalizing Same-Sex Marriages" attached as Appendix G.
  2. Id.
  3. These numbers represent comments from individuals and do not include the approximately 2000 signatures submitted in petitions opposing same-sex marriage from thirty different groups.
  4. Several written testimonies, not presented orally, were received at the December 6, 1995, meeting. In addition, one of the members of the public who did testify presented 800 signatures on a petition opposed to homosexual marital rights.
  5. Baehr v. Lewin, 74 Haw. 530, 559 (1993) quoting Parke v. Parke, 25 Haw. 397, 404-05 (1920).
  6. See Section II.F. of Chapter 6 of this report.
  7. See Preface to this report at item IA.
  8. Laboring under the misapprehension that any opposition to homosexual marital rights is simply wrong, the majority rejects outright all opposition to homosexual marital rights without seeking to understand the reason for that judgment.
  9. Baehr, 74 Haw. at 556, 557.
  10. See Minutes of October 11, 1995, pgs. T-8 to T-13, for testimony of Dallas Willard, Ph.D.
  11. Dinesh D'Souza, "Prudent Discrimination, Myth of the Racist Cabbie, National Review, October 9, 1995 pg. 36.
  12. Act 5, Session Laws of Hawaii 1995 (see Appendix A).
  13. See Minutes of October 11, 1995 and Minutes of November 8, 1995.
  14. The Ramsey Colloquium, "The Homosexual Movement, A Response by the Ramsey Colloquium," First Things, March 1994.
  15. See Minutes of September 13, 1995.
  16. Interim Report from the Commission on Sexual Orientation and the Law, January 17, 1995.
  17. See Appendix B.
  18. Emeritus Professor of Economics, University of Hawaii. He is currently the Vice Provost for Research, Dean of the Graduate School, and Professor of Economics, Western Washington University. Author of, among other things: Tourism and Regional Growth, Studies in Applied Regional Science, Vol. 11, Martinus Nijhoff Social Sciences Division, Leiden, 1977; The Structure and Dynamic Properties of a Regional Economy, Lexington Books, D.C. Heath and Company, Lexington, Toronto, London, 1975.
  19. See Minutes of October 11, 1995 for Dr. Ghali's testimony entitled "Discussion of Some Benefits Which May Accrue to Individuals From Extending Marital Benefits to Domestic Partners," attached in Appendix I.
  20. Id.
  21. See Minutes of the October 5, 1995, for testimony of Sumner La Croix, Ph.D., attached in Appendix I on pg. 244 of this report.
  22. See Minutes of October 11, 1995, for Dr. Ghali's testimony entitled "Discussion of Some Benefits Which May Accrue to Individuals From Extending Marital Benefits to Domestic Partners," attached in Appendix I, on pg. 270 of this report.
  23. See Minutes of October 11, 1995, for Dr. Ghali's testimony entitled "Discussion of Some Benefits Which May Accrue to Individuals From Extending Marital Benefits to Domestic Partners," attached in Appendix I, on pg. 270 of this report.
  24. See Minutes of October 11, 1995, for Dr. Ghali's testimony entitled "Discussion of Some Benefits Which May Accrue to Individuals From Extending Marital Benefits to Domestic Partners," attached in Appendix I on pg. 272 of this report.
  25. See Minutes of October 11, 1995 for Dr. Ghali's testimony entitled "Discussion of Some Benefits Which May Accrue to Individuals From Extending Marital Benefits to Domestic Partners," attached in Appendix I, on pg. 273 of this report.
  26. See, also, Catherine Hyde Aehegma v. Aelbert Aehegma, 8 Haw. App. 215 (1990).
  27. See Section III.C.(6) in this Minority Opinion, above.
  28. See Interim Report from the Commission on Sexual Orientation and the Law, January 17, 1995, particularly description of Chapter 201E, Hawaii Revised Statutes, in Appendix B of that report.
  29. Baehr v. Lewin, 74 Haw. 530, 559 (1993) quoting Parke v. Parke, 25 Haw. 397, 404-05 (1920).
  30. A copy of that book was donated to the Commission's library by Dr. Ghali.
  31. Because of this exchange at the October 11, 1995 meeting, the refusal by the Chairman to complete the correction to the minutes appears to be related to the substance of the meeting and the testimony of the economists. The October 11, 1995, meeting minutes were finally resolved on December 4, 1995; the majority voted not to include this admission of Dr. La Croix in the minutes, as though it was never said.
  32. Jennifer Gerarda Brown, "Competitive Federalism And The Legislative Incentives To Recognize Same-Sex Marriage," Southern California Law Review, Vol. 68, No. 4 (1995), pgs. 745-839.
  33. See also, Minutes of October 11, 1995, for Dr. Moheb Ghali's "Hawaii, Tourism and Same-Sex Marriage, A Testimony Before the Commission on Sexual Orientation and the Law," attached in Appendix I.
  34. See Minutes of October 11, 1995, for testimonies of Sumner La Croix, Ph.D., and James Mak, Ph.D., attached in Appendix I.
  35. Midge Decter, "The Boys on the Beach," Commentary, Volume 70, No. Three, September, 1980, pg. 45.
  36. See, "Hard-Hit Key West Combats AIDS With Community Effort," New York Times, September 3, 1990, pg. 8; "In Key West, the Latest 'Invaders' Have Set Off a Backlash," New York Times, April 7, 1979, pg. 10; "Nights Are Long And Liquid at Key West" New York Times, January 24, 1977, pg. 12; "Island Town Weathers Storm in Mayoral Race," New York Times, November 11, 1983, pg. A18; "Multiple Sclerosis Causing Concern In Key West," New York Times, November 20, pg. C13.
  37. However, Commissioner Hochberg later discussed this matter with Mr. Pong. Mr. Pong stated that Chapter 92 permitted only written testimony or presence in the meeting in person. Mr. Pong stated that telephonic presence did not constitute presence. Mr. Pong informed Commissioner Hochberg that no research was conducted to make that determination. Instead Mr. Pong simply read the section of Chapter 92 and made his ruling. Mr. Pong was unaware of the fact that even corporation boards of directors, although not permitted to vote by proxy, are permitted by law to have meetings via tele-conference. Later, in November, 1995, it was revealed to the Commission that video conferencing would be permitted but that there was then insufficient time to promulgate the rules as required.
  38. Magnuson, Roger. Informed Answers to Gay Rights Questions, Multnomah Books, Questar Publishers (P.O. Box 1720, Sisters, Oregon 97759), 1994;Duncan Richard, "Who Wants to Stop the Church: Homosexual Rights Legislation, Public Policy, and Religious Freedom," Notre Dame Law Review, Vol. 69, Issue 3, 1994, pgs. 393-445.
  39. See, John Finnis, "Shameless Acts in Colorado: Abuse of Scholarship in Constitutional Cases," Academic Questions, Vol. 7, No. 4, page 10, Fall, 1994. John Finnis is professor of law and legal philosophy, Oxford University and Fellow of University College, Oxford.
  40. See Minutes of October 11, 1995, for testimony of Dan Kehoe, Ph.D.
  41. Dr. Bidwell has been instrumental in attempts to include the teaching of homosexuality as a viable alternative lifestyle in Hawaii's public school system, and who played a leading roll in placing the controversial Teen Line program in Hawaii's public schools. The Teen Line program contained recordings which students could access to answer their questions on numerous subjects. The tape library included a recording which equated homosexuality with being left handed.
  42. See the following articles: Cameron, Paul; Playfair, William L., and Wellun, Stephen, "The Homosexual Lifespan," paper prepared for Family Research Institute; Cameron, Paul and Kirk Cameron, "Homosexual Parents" paper prepared for Family Research Institute; Cameron, Paul "What Causes Homosexual Desire and Can It be Changed?"; Cameron, Paul and Kirk Cameron, "The Prevalence of Homosexuality," paper prepared for Family Research Institute.
  43. Lawrence F. Burtoft, Ph.D., Social Research Analyst Public Policy Division, Focus on the Family, "Testimony on House Bill 1171" presented before The House Children and Family Services Committee, State of Washington, February 14, 1995.
  44. Lawrence F. Burtoft, Ph.D., Social Research Analyst Public Policy Division, Focus on the Family, "Testimony on House Bill 1171" presented before The House Children and Family Services Committee, State of Washington, February 14, 1995.
  45. Freund et al., "Pedophilia and heterosexuality vs. homosexuality," Journal of Sex and Marital Therapy 10:3 (Fall 1984) 197: Cameron, P., "Homosexual molestation of children/sexual and interaction of teacher and pupil," Psychological Reports 57 (1985) 27-36. Cited in Schmidt, Thomas E., Straight and Narrow? Compassion and Clarity in the Homosexuality Debate (Downers Grove, Il: InterVarsity Press, forthcoming May 1995). See also, Seymour L. Halleck, "Emotional Affects of Victimization," in Sexual Behavior and the Law (ed. R. Slovenko, Springfield: Charles C. Thomas, 1963). See, Lynda S. Doll, Dan Joy, et al., "Self-Reported Childhood and Adolescent Sexual Abuse Among Adult Homosexual and Bisexual Men," Child Abuse & Neglect, Vol 16, pgs. 855-86, 1992.
  46. Lawrence F. Burtoft, Ph.D., Social Research Analyst Public Policy Division, Focus on the Family, "Testimony on House Bill 1171" presented before The House Children and Family Services Committee, State of Washington, February 14, 1995.
  47. Lawrence F. Burtoft, Ph.D., Social Research Analyst Public Policy Division, Focus on the Family, "Testimony on House Bill 1171" presented before The House Children and Family Services Committee, State of Washington, February 14, 1995.
  48. Harold M. Voth, M.D., "The Family and the Future of America, The Alabama Journal of Medical Sciences, Vol 15, No. 3, July 1978 at 310, 311.
  49. Id. at 314.
  50. Id.
  51. Id. at 315.
  52. Barbara DaFoe Whitehead, "Dan Quayle Was Right," The Atlantic Monthly, April 1993 at 48.
  53. Harold M. Voth, "The Future of America," Military Medicine, Vol 145, No. 3, March 1980 at 169, 173.
  54. Phillip Colton Smith, Ph.D., "Homosexuality".
  55. Charles W. Socarides, M.D., Homosexuality A Freedom Too Far, Adam Margrave Books, 1995, pg. 311, quoting Dr. Abram Kardiner, an expert in the psychoanalytic investigation of cultures.
  56. Philip Yancey, "The Lost Sex Study," Christianity Today, December 12, 1994 pg. 80.
  57. McWhirter & Mattison, The Male Couple; How Relationships Develop, Prentice- Hall, 1984, pg. 252.
  58. Knight, Robert H., "How Domestic Partnerships and "Gay Marriage" Threaten the Family," Insight, Family Research Council, Washington, D.C., at 4 (quoting Paula Ettelbrick, "Since When is Marriage a Path to Liberation?", in Rubenstein, op. cit., pgs. 383-395).
  59. Id. at 8 (quoting Doug Sadownick, "Open Door Policy," Genre, April 1994, pg. 34).
  60. Id. at 8-9 (quoting Doug Sadownick, "Open Door Policy," Genre, April 1994, pgs. 35, 36).
  61. Cameron, Paul, "Effect of Homosexuality Upon Public Health and Social Order," Psychological Reports, 1989, 64, 1177.
  62. Roger J. Magnuson, "Declaration of Roger J. Magnuson," Civil No. 91-00712 ACK, United States District Court For the District of Hawaii, pg. 9. See also, Paul Cameron, Ph.D., "Sexual Orientation and Sexually Transmitted Disease".
  63. Paul Cameron, et al., "The Homosexual Lifespan".
  64. Larry Burtoft, Ph.D., The Social Significance of Homosexuality, Questions and Answers, also distributed as Setting the Record Straight, 1994, pgs, 33, 34.
  65. Id.

Chapter 5 Pt1 Table of Contents