1998 Hawaii Amendment 2 Explained

Constitutional Amendment 2
Hawaii Marriage Amendment
Yes:285,384
No:117,827
Blank:8,422
Othertype:Over votes
Other:887
Total:412,520
Electorate:601,404
Turnoutpct:67.19
Map:File:1998 Hawaii Constitutional Amendment 2 election results map by county.svg
Mapcaption:YesNo vote
Notes:Source: [1]

Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted same-sex partnerships.[2]

In 1993, the Hawaii State Supreme Court ruled in Baehr v. Lewin,, that refusing to grant marriage licenses to same-sex couples was discriminatory under that state's constitution. However, the court did not immediately order the state to begin issuing marriage licenses to same-sex couples; rather, it remanded the case to the trial court and ordered the state to justify its position. After the trial court judge rejected the state's justifications for limiting marriage to opposite-sex couples in 1996 (but stayed his ruling to allow the state to appeal to the Supreme Court again), the Hawaii State Legislature passed a proposed constitutional amendment during the 1997 session that would overrule the Supreme Court's 1993 ruling and allow the Legislature to ban same-sex marriage. This constitutional amendment appeared on the 1998 general election ballot as Constitutional Amendment 2.[3] The question that appeared on the ballot for voters was:[4]

Amendment 2 differed from amendments that followed in other states in that it did not write a ban on same-sex marriage into the state's constitution; rather, it allowed the state legislature to enact such a ban.[5] On November 3, 1998, Hawaii voters approved the amendment by a vote of 69.2–28.6%,[6] and the state legislature exercised its power to ban same-sex marriage.[5]

The language added by the amendment reads:[7]

On October 14, 2013, Hawaii Attorney General David M. Louie stated in a formal legal opinion that Amendment 2 does not prevent the state legislature from legalizing same-sex marriage,[8] which it did in November 2013 with the Hawaii Marriage Equality Act.

On November 5, 2024, Hawaii will hold a referendum to remove the amendment from the state constitution.[9]

See also

Notes and References

  1. https://files.hawaii.gov/elections/files/results/1998/general/histatewide.pdf General/OHA - STATE OF HAWAII - Statewide November 03, 1998 ** Summary Report **
  2. Web site: Baehr v. Miike . . live . https://web.archive.org/web/20120203170420/https://www.lambdalegal.org/in-court/cases/baehr-v-miike . 3 February 2012 . 28 April 2022.
  3. News: Wilson . Christie . Same-sex marriage issue has endured a long fight in Hawaii . 24 January 2010 . . dead . https://web.archive.org/web/20101214195030/http://the.honoluluadvertiser.com/article/2010/Jan/24/ln/hawaii1240370.html . 14 December 2010 . 29 April 2022.
  4. News: Gima . Craig . Same-sex vote won't answer all questions . 7 October 1998 . . live . https://web.archive.org/web/20100807215812/http://archives.starbulletin.com/98/10/07/news/story1.html . 7 August 2010 . 29 April 2022.
  5. News: Niesse . Mark . 23 February 2009 . Hawaii is latest civil unions battleground . live . . . https://web.archive.org/web/20220429190745/https://www.taiwannews.com.tw/en/news/873547 . 29 April 2022 . 29 April 2022.
  6. Web site: General Election 1998 . 3 November 1998 . Hawaii Office of Elections . 4 . 29 April 2022 . live . https://web.archive.org/web/20060602191431/http://hawaii.gov/elections/results/1998/general/98swgen.htm . 2 June 2006.
  7. Web site: Article I: Bill of Rights . Hawaii Legislative Reference Bureau . The Constitution of the State of Hawaii . dead . https://web.archive.org/web/20060221002341/http://hawaii.gov/lrb/con/conart1.html . 21 February 2006 . 29 April 2022.
  8. Web site: Haw. Atty. Gen. Op. No. 13-1 . 14 October 2013 . live . https://web.archive.org/web/20131112173620/http://ag.hawaii.gov/wp-content/uploads/2012/11/AG-Opinion-13-1.pdf . 12 November 2013 . 29 April 2022.
  9. Web site: Hawaii Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment (2024) . 2024-05-05 . Ballotpedia . en.