Report of the Commission
On Sexual Orientation
And the Law

APPENDIX D-2

A. CONSTITUTIONAL AMENDMENT TO PROHIBIT MARRIAGE

			
HOUSE OF REPRESENTATIVES					H.B. NO.
EIGHTEENTH LEGISLATURE, 1996			
STATE OF HAWAII			

A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE I, SECTION 5, OF THE CONSTITUTION OF THE STATE OF HAWAII, TO AMEND THE DUE PROCESS AND EQUAL PROTECTION CLAUSE RELATING TO SAME SEX MARRIAGES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The purpose of this Act is to propose an amendment to Article I, section 5, of the Constitution of the State of Hawaii to clarify that same sex marriages are not constitutionally protected and to define marriage as a legal relationship between a male and a female. SECTION 2. Article I, section 5, of the Constitution of the State of Hawaii is amended to read as follows: "DUE PROCESS AND EQUAL PROTECTION Section 5. 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. Nothing in this section or any other section of this Constitution shall be interpreted to create a constitutional right to same-sex marriages in order to reserve marriage as a legal relationship between a man and a woman as husband and wife which has been sanctioned by the State. Marriage and its requisites may be subject to reasonable regulation by the State." SECTION 3. The question to be printed on the ballot shall be as follows: "Shall the Due Process And Equal Protection Clause be amended to clarify that same sex marriages are not constitutionally protected in order to define marriage as a legal relationship between a man and a woman as husband and wife which has been sanctioned by the State and which may be reasonably regulated by the State." SECTION 4. New constitutional material is underscored. SECTION 5. This amendment shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii. INTRODUCED BY: _______________________



Appendix D-2B Reports and Studies Table of Contents