Sex Laws of Hawaii

Hawai’i Revised Statues

https://portal.ehawaii.gov/government/hawaii-legislature/hawaii-revised-statutes/

Last update: 9/7/2014

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As of 9/6/2014 we have not been able to get onto an official state website to investigate Hawaii’s laws or constitution.

1996: The Hawaii State Supreme Court rules that prohibiting same-sex couples from marrying may violate Hawaii's constitutional equal protection clause and can only be upheld if prohibition is justified by a compelling reason (Baehr v. Miike, 80 Hawai`i 341).[22]

1998: Hawaii's voters amend their Constitution to permit the legislature to restrict marriage to men and women only, but the wording of the amendment and the subsequent bill which did so allows the possibility of civil unions.[23]

2011: Hawaii enacts Act 1 (Senate Bill 232)[24] legalizing civil unions in Hawaii.[25] (came into effect 1 January 2012)

November 13, 2013: Governor Neil Abercrombie signs marriage equality legislation. Marriages begin Dec. 2nd, 2013.[26]

Texts :

Hawaii Constitution, Article 1, Bill of Rights, § 23 MARRIAGE Section 23. The legislature shall have the power to reserve marriage to opposite-sex couples. (Added by HB 117 (1997) and election Nov 3, 1998)

Statutes, HAWAII MARRIAGE EQUALITY ACT OF 2013

§572-B Interpretation of terminology to be gender neutral. When necessary to implement the rights, benefits, protections, and responsibilities of spouses under the laws of this State, all gender-specific terminology, such as "husband", "wife", "widow", "widower", or similar terms, shall be construed in a gender-neutral manner. This interpretation shall apply to all sources of law, including statutes, administrative rules, court decisions, common law, or any other source of law.

§572 -C Reliance on federal law. Any law of this State that refers to, adopts, or relies upon federal law shall apply to all marriages recognized under the laws of this State as if federal law recognized such marriages in the same manner as the laws of this State so that all marriages receive equal treatment.

"§572 - 1 Requisites of valid marriage contract. In order to make valid the marriage contract, which shall be permitted between two individuals without regard to gender, it shall be necessary that:

(1) The respective parties do not stand in relation to each other of ancestor and descendant of any degree whatsoever, two siblings of the half as well as to the whole blood, uncle and niece, uncle and nephew, aunt and nephew, or aunt and niece, whether the relationship is the result of the issue of parents married or not married to each other or parents who are partners in a civil union or not partners in a civil union;

(2) Each of the parties at the time of contracting the marriage is at least sixteen years of age; provided that with the written approval of the family court of the circuit within which the minor resides, it shall be lawful for a person under the age of sixteen years, but in no event under the age of fifteen years, to marry, subject to section 572-2;

(3) Neither party has at the time any lawful wife, husband, or civil union partner living, except as provided in section 572-A;

(4) Consent of neither party to the marriage has been obtained by force, duress, or fraud;

(5) Neither of the parties is a person afflicted with any loathsome disease concealed from, and unknown to, the other party;

(6) The parties to be married in the State shall have duly obtained a license for that purpose from the agent appointed to grant marriage licenses;

(7) The marriage ceremony be performed in the State by a person or society with a valid license to solemnize marriages and the parties to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony."

"§572 -3 Contracted without the State. Marriages between two individuals regardless of gender and legal where contracted shall be held legal in the courts of this State."