| Hawaii Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment | |
| Country: | Hawaii |
| Location: | Hawaii |
| Yes: | 268,038 |
| No: | 211,142 |
| Total: | 522,236 |
| Electorate: | 860,868 |
| Turnoutpct: | 55.66 |
| Notes: | Source: State of Hawaii Office of Elections[1] |
A referendum on the Amendment 1 to the Constitution of Hawaii was held on 5 November 2024. The amendment repealed the Hawaii's legislature's ability to limit marriage to heterosexual couples,[2] reversing the 1998 Hawaii Amendment 2.[3] The voters backed the measure by 51.3% of the valid votes; it succeeded in all four of Hawaii's major counties. The wording of the ballot language proved confusing to a number of voters, who were unsure of what the amendment accomplished.[4] The amendment passed simultaneously with similar ones in California and Colorado.[5] [6]
In 1993,[7] the Supreme Court of Hawaii ruled that a ban on same-sex marriage violated the state's constitution in Baehr v. Miike. However in 1998, Amendment 2 was approved via a referendum, allowing the Hawaii legislature to ban same-sex marriage.[8] Hawaii ultimately legalized same-sex marriage in 2013, becoming the 15th state to do so and preceding the Obergefell v. Hodges by two years.[9] [10] Following the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization and hints by Supreme Court Justice Clarence Thomas towards reconsidering Obergefell v. Hodges,[11] activists have raised concerns over the ruling's future. Ballot measures in Hawaii, California and Colorado were intended to safeguard same-sex marriage if the decision was ever overturned.[12]
The Democratic Party of Hawaii backed the amendment,[13] while the Republican Party of Hawaii neither endorsed nor opposed it.[14]
Josh Green, the Governor of Hawaii, supported the amendment, as did the former Governors David Ige and John D. Waiheʻe III. It was also backed by Senator Brian Schatz and Representative Ed Case, as well as former Hawaiʻi Supreme Court Justice Steven Levinson and numerous other officials.[15]
Organizations such as ACLU of Hawaiʻi, Japanese American Citizens League, Hawai`i LGBT Legacy Foundation, Hawai'i Health & Harm Reduction Center, Council For Native Hawaiian Advancement, Hawaii Civil Rights Commission, Change 23 Coalition, Papa Ola Lōkahi, Hawaii State Teachers Association, Hawai'i State AFL-CIO, Hawaii Workers Center, Hawaii Rainbow Chamber of Commerce, Rainbow Family 808, Highgate Hawaii, Equality HI, Common Cause Hawaii, O'ahu Jewish 'Ohana and Interfaith Alliance of Hawai'i supported the amendment.
As of November 13, 2024, State of Hawaii released a final summary of votes.
"Yes" performed moderately well across the state, winning four of five counties and performing the best in Hawai'i County. It earned its worst result in Kalawao County, which was the only county that "No" won.[16] [17]
| County | Yes, # | Yes, % | No, # | No, % | |
|---|---|---|---|---|---|
| Hawai'i | 43,973 | 57.31% | 32,749 | 42.69% | |
| Honolulu | 177,669 | 55.64% | 141,655 | 44.36% | |
| Kalawao | 7 | 46.67% | 8 | 53.33% | |
| Kauai | 14,167 | 54.06% | 12,039 | 45.94% | |
| Maui | 32,229 | 56.61% | 24,699 | 43.39% |