History of Same-sex Marriage: A Constant Uphill Battle

Beginnings

In 1990, three same-sex couples questioned the state's authority to not legally recognize the marriage of same-sex partners. The eventual decision reached on December 3, 1996 in the Baehr v. Lewin case, has been cause for current debate over a constitutional amendment in Hawaii.

The case was originally promoted by local activists without support from national gay-rights organizations or the ACLU. After three years of setbacks and criticism, the Supreme Court ruled that the marriage law was a form of "sex discrimination. Under the State Constitution of 1950 and a State Equal Rights Amendment added in 1972, "sex" was used to determine the legitimacy of marriage.

Due to an ingenious argument formed by Justice Levinson, the responsibility of justifying marriage law now fell on the shoulders of the state. Groups seeking to reaffirm traditional marriage hurried to gain support as the mounting homosexual community began its battle in Hawaii's legal system.

Defending Marriage

The state chose to defend the definition of marriage by "attempting to show that empirically demostratable harm would be done to children by legalizing same-sex marriage." With a laid back defense on the state's part, the plaintiffs did not have to work hard at all. The state didn't succeed in demonstrating any compelling state interest supporting marriage law and the courts were forced to judge using the strictest scrutiny.

The defense built around children backfired and the state was forced to promote the idea that homosexual couples were inadequate parents. This line of defense worsened their argument as key witnesses brought by the state testified in opposition to these claims. Given the conditions the state's lawyers had to work under, along with a weak sociological-based defense, the trial proceeded poorly.

Court Ruling

On December 3, 1996, Judge Kevin Chang ruled that "refusal of the State of Hawaii to grant marriage licenses to same-sex ouples violated the Hawaii State Constitution." The judicial system had voted in favor of same-sex couples, a major victory in their quest for equal rights. Of course the state did not take the ruling hands down. They immediately filed for an appeal by the Supreme Court and further actions were taken to suspend the rights of same-sex couples.

In Hawaii polls, it has been shown that over 70 percent of its citizens oppose legalization of same-sex marriage. This has been an alarming fact for mainland same-sex advocates, who believe the tradition of tolerance in Hawaii would work towards their benefit. Both sides rushed to rally support before the Supreme Court's decisive ruling

Currently, same-sex couples can fly to Hawaii to get married and when they return, file suit seeking legal recognition of their union. If Hawaii chooses to legally recognize the legitimacy of same-sex marriages, how will our nation be affected? Will it be a shift for the better or a turn for the worse?

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