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

    Preface Footnotes

  1. Right to privacy, Article 1, Section 6 of the Hawaii Constitution provides: "The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The Legislature shall take affirmative steps to implement this right." Right to Equal Protection, Article 1, Section 5 of the Hawaii Constitution provides: "No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry."
  2. Baehr v. Lewin, 74 Haw. 530, 852 P.2d 44 (1993) at 74 Haw. 557.
  3. Baehr, 74 Haw. at 564.
  4. Baehr, 74 Haw. at 580.
  5. Id.
  6. McGivern v. Waihee, United States District Court, District of Hawaii, Civil No. 94-00843, HMF, Jan. 13, 1995.
  7. The full Commission meeting noticed and held on October 11, 1995, continued to October 12; the meeting noticed and held on October 25, continued to October 26, November 1, 2, 6 and adjourned on the 7th; the meeting noticed and held on November 22, contined to November 29, December 4, and adjourned December 6.
  8. The minority subcommittee meeting held on November 9, continued on the 14th, the 15th and adjourned on the 20th. Another minority subcommittee meeting was noticed and held on December 5, 1995. The majority subcommittee meeting noticed and held on November 13, 1995 was continued to the 15th and 16th. A second majority subcommittee meeting was noticed and held on November 30, 1995 and continued to December 5, 1995.
  9. A Section 92-7, Hawaii Revised Statutes (1993 and Supp. 1995).
  10. See Minutes of October 11, 1995, pgs. T-4 and T-98 for testimony of David Kawate of Kauai; Penelope Spiller of Molokai; Minutes of October 25, 1995, pgs. T-1, and T-2 for testimony of Bruce Fernandes of Maui; Sandra Pelosi of Maui; See minutes of November 8, 1995, pgs. T-86-89 for testimony of Diane Sutton of the Big Island and Martin Rice of Kauai.
  11. A summary of the public response received after the public release of the draft report on November 27, 1995 indicated support of the Commission's work from 455 individuals, 14 organizations and 126 signatures on petitions. Objections to the report were received from 578 individuals, 9 organizations and almost 3,000 signatures on petitions from thirty-two different groups.
  12. See votes on motions recording a 4-2 majority in Minutes of September 13, 1995, pg. 3, Minutes of September 27, 1995, pgs. 4, 5 and 12; Minutes of October 11, 1995, pg. 5.

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