Hawaii Responds to Same-Sex Marriage Lawsuit

Attorney General David Louie says that Gov. Neil Abercrombie and Health Director Loretta Fuddy have filed separate answers to Jackson v. Abercrombie, the U.S. District Court lawsuit that challenges Hawaii’s ban on same sex marriage.   

The complaint alleges that Natasha Jackson and Janin Kleid were denied a marriage license by the Department of Health because they are both women.

Press release:

Governor Abercrombie has acknowledged many of the complaint’s allegations, including the denial of federal constitutional rights caused by the state’s existing marriage law. Director Fuddy, however … has denied many of the complaint’s allegations. As such, the Department of Health will continue to enforce the law, and will vigorously defend it.

To put it another way, the state is in the difficult position of having to defend the landmark 1998 law and also admit that its unconstitutional — something opponents vociferously pointed out when voters debated the controversial ballot question 14 years ago.

Indeed, the Hawaii Supreme Court reached the same conclusion in 1993, effectively launching the same-sex marriage debate nationally and leading to legalizing Hawaii civil unions just this year.