REPORT TITLE:
Marriage as Legal Status


DESCRIPTION:
Directs the legislative reference bureau to draft legislation to
remove the status of marriage as a legal encumbrance or benefit.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.717        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO MARRIAGE.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Both the federal and the state constitutions
 
 2 guarantee a right to equal protection under the law.  Proponents
 
 3 of same-sex marriage used this right to support their cause.  The
 
 4 1995 Report of the Commission on Sexual Orientation and the Law
 
 5 reported thirty-seven areas of the law that confer major legal
 
 6 and economic benefits to married people.  These advantages fall
 
 7 into three categories:  intangible benefits, quantifiable
 
 8 benefits, and general benefits.  It should be noted that these
 
 9 benefits are not available to people who are single, be they
 
10 heterosexual or homosexual, single by choice, or widowed or
 
11 divorced.
 
12      The purpose of this Act is to require the legislative
 
13 reference bureau to draft legislation to remove marriage as a
 
14 factor that affects the legal status of the individuals involved.
 
15 The playing ground will be leveled as laws relating to elections,
 
16 welfare, pensions, housing, income tax, mental health, social
 
17 services, corrections, workers' compensation, insurance, land
 
18 title, the probate code, and other areas are amended to remove
 
19 any favoritism based on the status of being married.  This will
 

 
Page 2                                                     
                                     H.B. NO.717        
                                                        
                                                        

 
 1 help address the equal protection issue for the same sex marriage
 
 2 proponents as well as for those who are single.  The bureau will
 
 3 also be asked to prepare a memorandum explaining areas where
 
 4 difficult policy choices may have to be made. 
 
 5      SECTION 2.  The legislative reference bureau shall prepare
 
 6 draft legislation containing proposed amendments to state
 
 7 statutes necessary to remove any benefit or burden in state law
 
 8 due to a person's marital status.  The bureau shall prepare a
 
 9 companion memorandum on the bill describing those areas in which
 
10 difficult policy choices may have to be made by the legislature.
 
11 The bill and memorandum shall be presented to the legislature no
 
12 later than twenty days prior to the convening of the regular
 
13 session of 2001.
 
14      SECTION 3.  This Act shall take effect upon its approval.
 
15 
 
16                           INTRODUCED BY:  _______________________