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

    Chapter 5 Part 2 Footnotes

  1. See Aristotle, Politica, in 10 The Works of Aristotle, 1334-1335 (W. Ross ed. 1921).
  2. See "Wilson's Veto Kills Domestic Partnership Bill," San Francisco Examiner, Sept. 12, 1994, at A1.
  3. Id.
  4. Id.
  5. See Minutes of October 11, 1995, for testimony of Dallas Willard, Ph.D.
  6. Charles W. Socarides, M.D., "Roundtable on Homosexuality," 1994.
  7. Charles W. Socarides, M.D. "Roundtable on Homosexuality," 1994.
  8. See, John Finnis, "Shameless Acts in Colorado: Abuse of Scholarship--in Constitutional Cases," supra.
  9. Charles W. Socarides, M.D., "Sexual Politics and Scientific Logic: The Issue Of Homosexuality," The Journal of Psychohistory, 19(3), Winter, 1992, pg. 307. See also, Roger Magnuson, Informed Answers to Gay Rights Questions, Multnomah Books, 1994, pg. 74. See also, R. Bayer, Homosexuality and American Psychiatry, New York: Basic Books, 1981) pg. 102 ff. See also Charles W. Socarides, M.D., Homosexuality A Freedom Too Far, Adam Margrave Books, 1995, chapter six.
  10. Id. at 312.
  11. Charles W. Socarides, "Roundtable on Homosexuality" 1994.
  12. Manual of the International Statistical Classification of Diseases, Injuries, and Causes of Death, 9th Revision, World Health Organization, Geneva, Switzerland; Section 302 also deals with Section 302.1 entitled Zoophilia deals with bestiality; Section 302.2 entitled Pedophilia deals with sex with children; Section 302.3 entitled Transvestism; Section 302.4 entitled Exhibitionism; Section 302.5 entitled Trans-sexualism; Section 302.6 entitled Disorders of psychosexual identity dealing with feminism in boys and gender identity disorder of childhood; Section 302.7 entitled Psychosexual dysfunction dealing with psychosexual dysfunction, unspecified (302.70), with inhibited sexual desire (302.71), with inhibited sexual excitement (302.72), with inhibited female orgasm (302.73), with inhibited male orgasm (302.74), with premature ejaculation (302.75), with functional dyspareunia (302.76), and with other specified psychosexual dysfunctions (302.79). DO WE INTEND TO GRANT CIVIL RIGHTS ON THESE GROUNDS AS WELL? See the story of Martine Rothblatt, a lawyer who views the world without borders. She is legally married to her lesbian lover (the only ones in the U.S. because she used to be a man when she married her wife, and then after years of marriage the two decided it would be fun for them to spend the rest of their lives as lesbians. Martine received a sex change operation.) The story is a cover story to the National Law Journal, June 12, 1995.
  13. Harold M. Voth, M.D., "The Family And the Future of America," Alabama Journal of Medical Sciences, Volume 15, Number 3, July 1978 page 310. Dr. Voth is the Senior Psychiatrist and Psychoanalyst at the Menninger Foundation, Topeka, Kansas, a Rear Admiral in the U.S. Naval Reserve and author of many articles published in professional journals.
  14. See "Chromosomal Differences in Gays?", July-August 1993 issue of Family Research Report of the Family Research Institute, a nonprofit, educational and scientific corporation. See also "What Causes Homosexual Desire and Can It Be Changed?", Dr. Paul Cameron, Chairman, Family Research Institute, Inc., 1991.
  15. See Chapter 6.B. of this report.
  16. See, Cal Thomas, "The Gay Gene, Not-so-Straight News; 'Reporting on Genetic Research Tells Only Half the Story." World, Nov. 11, 1995, pg. 18, attached in Appendix F.
  17. The Ramsey Colloquium, "The Homosexual Movement, A Response by the Ramsey Colloquium," First Things, March 1994.
  18. on Appendix G: How To Be Your Own Best Friend (New York: Lark Publishing Company, 1971, pgs. 22-23); Comprehensive Group Psychotherapy, edited by Harold I. Kaplan and Benjamin J. Saddock (Baltimore: The Williams and Wilkins Company, 1971, pg. 521); Dr. Charles Socarides, "Homosexuality," American Handbook of Psychiatry, 2nd edition, Vol. 3 (New York: Basic Books, Inc., 1974, pg. 308); Samuel B. Hadden, "Treatment of Male Homosexuals in Groups," The International Journal of Group Psychotherapy, XVI, No.1 (January 1966, pg. 14); "A Way Out for Homosexuals," Harper's Magazine (March 1967, pg. 107); Changing Homosexuality in the Male (New York: McGraw- Hill Book Company, 1970); The Primal Scream (New York: Dell Publishing Company, 1970); Father John F. Harvey, The Homosexual Person: New Thinking in Pastoral Care (San Francisco: Ignatius Press, 1987, pg. 76); "Homosexuality and Sexual Orientation Disturbances," Comprehensive Textbook of Psychiatry II, second edition, edited by Alfred M. Freedman, Harold I. Kaplan, and Benjamin J. Sadock (Baltimore: The Williams & Wilkins Company, 1975, pg. 1519); Homosexuality in Perspective (Boston: Little, Brown 251); Homosexuality (New York: Jason Aronson, 1978); What You Should Know About Homosexuality, edited by Charles W. Keysor (Grand Rapids: Zondervan
  19. "What Is a Christian View of Homosexuality?", Circuit Rider, February, 1984, pg. 12.
  20. "Psychoanalytic Theory," Male and Female Homosexuality: Psychological Approaches (Washington, D.C.: Hemisphere Publishing Corporation, a subsidiary of Harper and Row Publishers, Inc., 1987).
  21. Overcoming Homosexuality (New York: Macmillan Publishing Company, Inc. 1980, pg. 7).
  22. See Appendix F for list of quotes from the following publications: Ruth Tiffany Barnhouse, Homosexuality: A Symbolic Confusion (New York: The Seabury Press, 1977, pg. 97); Dr. Irving Bieber, Homosexuality: A Psychoanalytic Study (New York: Basic Books, 1962, pg. 301); Charles W. Socarides, M.D. Homosexuality (New York: Jason Aronson, 1978, pg. 405-406.); Morey, Tom, Committee to Study Homosexuality of the United Methodist Church, General Conference of Ministries, Chicago Meeting on the Sciences, August 1990, p.19.; Robert Kronemeyer, Overcoming Homosexuality (New York: Macmillan Publishing Company, Inc., 1980, pg. 135); Dr. Toby Bieber, "Group Therapy with Homosexuals," Comprehensive Group Psychotherapy edited by Harold I. Kaplan and Benjamin J. Saddock (Baltimore: The Williams and Wilkins Company, 1971,); E. Mansell Pattison and Myrna Loy Pattison, " 'Ex-Gays': Religiously Mediated Change in Homosexuals," American Journal of Psychiatry (December 1980); Gerald van den Aardweg, Homosexuality and Hope: A Psychologist Talks About Treatment and Change (Ann Arbor, MI: Servant Books, 1986.); Homosexuality: Disease or Way of Life (New York: Collier Books, 1962).
  23. Houston MacIntosh, M.D., wrote in "Attitudes and Experiences of Psychoanalysts in Analyzing Homosexual Patients," Journal of the American Psychoanalytic Association (Vol. 42, No. 4, pgs. 1183- 1207).
  24. Dr. Joseph Wolpe, The Practice of Behavior Therapy (Pergamon Press, 1969, pg 255-262). NARTH Bulletin (September 1994).
  25. See Richard Duncan letter of October 9, 1995 and his article in 69 Notre Dame Law Review 393 (1994).
  26. The following churches or denominations expressed such opposition: The Roman Catholic Church of the State of Hawaii; The Charismatic Episcopal Church of North America Christian Voice Hawaii; Hawaii Association of Evangelicals; Christians for Responsible Leadership; Kalihi Union Church; Oahu Christian Center and the Great Commission Fellowship as well as other individual members of the public who spoke in opposition based on their religious beliefs. See Minutes of October 11, 1995.
  27. This is not surprising in light of the fact that Tom Gill, the Commission Chairman, is listed as a member of the Board of Directors of the A.C.L.U. of Hawaii, on a press release dated October 27, 1993, announcing the formation of a coalition to support same-sex marriage in Hawaii. See Appendix F attached.
  28. Bowers v. Hardwick, 478 U.S. 186 (1986) reh. denied, 478 U.S. 1039 (1986).
  29. When this statement appeared in the Minority Opinion, the majority dropped the phrase related to pressuring traditional religious people to abandon their religious objections.
  30. See "Five Hawaii Polls on Legalizing Same-Sex 'Marriage'" attached in Appendix G.
  31. The Ramsey Colloquium, "The Homosexual Movement, A Response by the Ramsey Colloquium," First Things, March 1994.
  32. Id.
  33. See Minutes of November 8, 1995, for testimony of Diane Sutton. See also correspondence from Diane Sutton, both attached in Appendix I.
  34. Memorandum to Members, Commission on Sexual Orientation and the Law from Thomas P. Gill, Chairman, dated August 31, 1995, attached in Appendix H.
  35. August 1995 Special Report of the Spectrum Institute "Legalization of Same-Sex Marriage is Sure Bet in Hawaii--Or is it?"; the New Mexico "gender neutral" marriage law (N.M. Stat. Ann. Sec. 40.1.1) with subsequent sections and annotations; Special Report, Spectrum Institute "An Analysis of Domestic Partnership Ordinances in Existence; and Proposed Draft Legislation for a Domestic Partnership Law in Hawaii.
  36. Woodward, C.F., Evangelist, "God's Way," unsolicited, undated statement received by Chairman Thomas Gill.
  37. Dunn, Sandra, "Same Sex Marriage," Hawaii Bar Journal, February, 1995.
  38. See Minutes of September 27, 1995.
  39. See Minutes of September 13, 1995, at 4.
  40. See Minutes of September 13, 1995.
  41. See Minutes of October 11, 1995 for testimony of Loree Johnson.
  42. See Minutes of October 25, 1995.
  43. See Minutes of November 8, 1995.
  44. See Minutes of November 8, 1995, for testimony of Diane Sutton dated November 7, 1995, attached in Appendix I.
  45. See Minutes of November 8, 1995 and letter from Diane Sutton to Chairman and All Commissioners dated November 9, 1995, attached in Appendix I.
  46. See Minutes of November 8, 1995.
  47. See Minutes of September 13, 1995.
  48. See Minutes of September 27, 1995.
  49. See Minutes of September 27, 1995.
  50. See Memorandum to Commission Members from Thomas P. Gill, Chairperson, Re Decision Making, October 11 Meeting, dated October 9, 1995, attached in Appendix H.
  51. Id.
  52. See letter attached in Appendix H.
  53. See letter attached in Appendix H.
  54. Commissioner Hochberg complied with the Chairman's request for written corrections to the minutes of the economists' testimony. Nonetheless, the Chairman refused to consider them over the minority's vigorous objection.
  55. See letter from Thomas F. Coleman to Hon. Tom Gill dated September 26, 1995.
  56. Computer databases and traditional print sources were searched for information on Spectrum Institute and Thomas F. Coleman. Looking to see if there have been published books or journal articles under either name, Books in Print, Reader's Guide to Periodical Literature, and computer databases on Westlaw and the Legal Infotrack CD-ROM at the Supreme Court Law Library were searched. No listings with either name as an author were found. The only listing found was Thomas F. Coleman as a subject; The Los Angeles Daily Journal published an interview with Coleman (39 column inches) in the September 21, 1981 issue. The last 10 years of the San Francisco Chronicle and the Los Angeles Times indexes were searched but not a single reference to either name was found. Traditional directories at the State Library were searched to find a descriptive listing of Spectrum Institute. There was no listing found at all in publications like Encyclopedia of Associations and directories of foundations, non-profit organizations, and educational organizations.
  57. Mr. Rohlfing was also a Commissioner under Act 217, Session Laws of Hawaii 1994, representing the Church of Jesus Christ of Latter Day Saints.
  58. The significance of these and other matters concerns the manner in which the Commission purported to address the tasks before it is fully documented in Commissioner Sheldon's October 27, 1995 letter to Chairman Gill which was copied to all Commissioners and which discusses with particularity monumental concerns regarding the manner in which the Commission was proceeding. Attached in Appendix H. See also Chairman Gill's letter to Marie A. Sheldon, Esq. dated October 31, 1995 which purports to answer Ms. Sheldon's October 27, 1995 inquires.
  59. Id.
  60. See letter from Marie A. Sheldon to Thomas P. Gill, Esq., dated October 27, 1995, in Appendix H.

Chapter 5 Pt 2 Table of Contents