Hawaii LGBT Laws

§707-730 Sexual assault in the first degree

(1) A person commits the offense of sexual assault in the first degree if:

(a) The person knowingly subjects another person to an act of sexual penetration by strong compulsion;

(b) The person knowingly engages in sexual penetration with another person who is less than fourteen years old; or

(c) The person knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that:

(i) The person is not less than five years older than the minor; and

(ii) The person is not legally married to the minor.

Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices.

(2) Sexual assault in the first degree is a class A felony [R1.1].

On 25 May 2018, Governor David Ige reportedly signed bill HB2084 HD2 SD1 into law banning gay conversion therapy for minors [R1.2].

On 26 April 2016, the legislature passed bill HB2084 HD2 SD1 prohibiting all insurers in the State, including health insurers, mutual benefit societies, health maintenance organizations, and health benefits plans under chapter 87A, Hawaii Revised Statutes, from discriminating with respect to participation and coverage under a policy, contract, plan, or agreement against any person on the basis of a person’s actual gender identity or perceived gender identity. The Bill has been transmitted to the Governor for signing into law. The Act takes effect upon its approval subject to certain sections come into effect on or or after 01 January 2017 [R1.1].

On 03 November 2016, the Hawaii Supreme Court ruled unanimously that a family court judge made the wrong call in denying joint custody to AA and BB, two men who were never married but agreed to co-parent a child after they split up. The Court ruled that whether or not AA and BB married is not relevant in the case, the family court judge should have inquired into whether AA satisfied the de facto custody test and whether joint custody is in the child’s best interest – by determining whether AA and BB raised the child in a ”stable and wholesome home” and if AA is a ”fit and proper person” [C1.2], [R1.1].

On 23 February 2011, Governor Neil Abercrombie signed into law a bill allowing same-sex civil unions, making Hawaii the seventh US state to grant essentially the same rights as marriage to gay couples, commencing 01 January 2012 [L1.19], [R1.19].

Previously:

On 16 February 2011, the Senate passed the final version of a civil unions bill by an 18–5 vote. The bill will now go to Gov. Neil Abercrombie [R1.18], who will reportedly sign it into law on 24 February 2011. The provisions come into effect on 01 January 2012 [R1.17].

On 14 February 2011, the Senate accepted minor amendments to clarify that civil union partners could file state taxes jointly and get divorced in family court [R1.16].

On 11 February 2011, the House of Representatives passed a bill to legalize civil unions in the state with a vote of 31–19. The state Senate passed the same bill last month. Governor Neil Abercrombie is expected to sign the bill into law [R1.15]. Transmitted to Senate. The Bill will take effect 01 January 2012 if signed into law by the Governor [R1.14].

On 08 February 2011, the House judiciary committee approved civil unions legislation in a 11–2 vote [R1.13].

On 28 January 2011, the Senate passed the Bill SB 232 by a vote of 19 to 6. The bill establishes civil unions in Hawaii and grants unmarried couples more rights and benefits including tax benefits. The bill moves to the House where it is expected to pass. Governor Neil Abercrombie, D-Hawaii, has pledged to sign the measure [R1.12].

On 25 January 2011, the State Senate Judiciary Committee passed a civil unions bill (SB232  98.84kb) 3–2, bringing it another step closer to Governor Neil Abercrombie’s desk where he said he will sign it. The bill offers the same benefits and responsibilities to unmarried gay couples that are given to married couples [R1.11].

In July 2010, Governor Linda Lingle vetoed the bill that would legalize same-sex civil unions in the state [R1.10].

On 29 April 2010, the House voted 31–20 in favor of the legislation that would grant gay and lesbian couples the same rights and benefits that the state provides to married couples if Republican Gov. Linda Lingle signs it into law [R1.9].

On 29 January 2010, the State House declined to vote on a bill that would have allowed same-sex civil unions, effectively doing away with the measure [R1.8].

On 22 January 2010, state Senate approved a bill that would legalize civil unions by a vote of 18–7. The state house will now consider the amended bill, HB 444 SD1 [R1.7].

In February 2009, the Senate Judiciary Committee voted 3–3 on new legislation that would allow gay and lesbian couples in Hawaii to form a civil union. The bill is likely to advance towards a full Senate vote [R1.6].

In February 2009, a new law that would allow gay and lesbian couples to form a civil union was approved by the state House of Representatives. The legislation will have to be approved by the state Senate and signed by the Governor before it becomes law [R1.5].

In January 2009, a draft bill to introduce same-sex civil unions had the support of 32 of Hawaii’s 51 lawmakers, but had first to be approved by the House Judiciary Committee before being debated on the floor [R1.4].

In June 1999, the Public Employees Health Fund halted health coverage for unmarried partners of about 60 public employees and retirees as portions of the state’s reciprocal beneficiaries law expired [R1.3].

In January 1999, Gov. Ben Cayetano proposed a Bill to replace the reciprocal benefits law and establish domestic partnerships, which would give gay couples many of the rights and benefits related to marriage while still withholding the title of marriage and excluding adoption and parental rights [R1.2].

In July 1997, the Reciprocal Beneficiaries law, was passed. Same-sex couples who make a “Declaration of reciprocal beneficiary relationship” now receive reciprocal benefits such as medical insurance, state pensions, inheritance rights and the right to sue for wrongful death [L1.1], [R1.1].

On 30 December 2011, US District Judge J. Michael Seabright denied a late bid by churches to delay commencement of Civil Unions Act 1 on 01 January 2012, noting that the “drastic” remedy of the preliminary injunction is unjustified because it was “based upon plaintiffs’ planned refusal to make their facilities available” for civil union events [C2.3], [C2.2], [R2.1].

From July 2005 the law prohibited landlords from discriminating against gay men, lesbians, or transsexuals [R1.3].

In 1992 [R1.2], Hawaiian state law prohibited discrimination on the basis of sexual orientation in public and private employment [R1.1].

On 18 March 2019, the U.S. Supreme Court has rejected (petition for a write of certiorari denied) an appeal from Phyllis Young, the owner of the Aloha Bed & Breakfast in Honolulu, who refused to rent a room lesbian couple Taeko ”Ty” Bufford and Diane Cervelli because of her religious beliefs opposing homosexuality. The Hawaii Supreme Court ruling upheld lower court rulings that Young discriminated against the couple and therefore stands [C2.12], [R2.11].

On 10 July 2018, the Hawai’i Supreme Court today affirmed a lower court ruling against Aloha Bed & Breakfast that denied a room to a lesbian couple Diane Cervelli and Taeko Bufford because of their sexual orientation and denied an application for Writ of Certiorari [C2.10], [R2.9].

On 23 February 2018, the Intermediate Court of Appeals upheld a previous ruling (see [C2.3], [R2.2] 11 April 2013) that found Aloha Bed and Breakfast was discriminatory for refusing lesbian couple Diane Cervelli and Taeko Bufford a room because of their sexual orientation [C2.8], [R2.7].

On 20 May 2016, it was reported that the City and County of Honolulu agreed to pay same-sex couple Courtney Wilson and Taylor Guerrero $80,000 to settle their discrimination lawsuit accusing Honolulu police officer Bobby Harrison of discrimination, assault and battery, and violation of their Fourth Amendment rights following his observing their holding hands and kissing while shopping at a grocery store in Pupukea [R2.6].

On 03 March 2015, Police Officer Bobby Harrison is alleged to have harassed and discriminated against Courtney Wilson and Taylor Guerrero in a Foodland store after observing their consensual romantic contact on two occasions and became physical at the checkout Harrison then arrested them for assaulting police and jailed the women for three days. A Federal lawsuit was filed 27 October 2015 against officer Harrison and others [C2.5], [R2.4].

On 11 April 2013, Judge Edwin C Nacino in the First Circuit Court of Hawai’i ruled in favor of Diane Cervelli and Taeko Bufford finding that Aloha Bed & Breakfast discriminated against them by refusing them accommodation in 2007 [C2.3], [R2.2].

In September 2008, a gay couple who were denied housing for married couples at the University of Hawaii settled their dispute out of court [R2.1].

On 05 May 2015, the Senate and House passed Bil HB631 removing the current requirement to undergo gender reassignment surgery and making it a lot easier for transgender people to change their gender on their birth certificates. On 06 May, the Bill was sent to Governor David Ige [R1.7].

On 05 May 2011, Governor Neil Abercrombie signed House Bill 546 into law, prohibiting employers from discriminating on the basis of gender identity or expression in the workplace [R1.6].

On 18 April 2011, by a 45–4 vote, the House concurred with the Senate on a HB 546 SD1, a bill codifying prohibitions against discrimination in employment on the basis of gender identity. The bill now heads to Governor Abercrombie, who has said he will sign it into law [L1.5], [R1.4].

On 05 April 2011, the Senate voted 22–2 approving a bill previously passed by the House, to ban discrimination based on gender identity and expression in the workplace. The legislation will become law when signed by Democratic Governor Neil Abercromie [R1.3].

In April 2011, the Senate Judiciary Committee passed an anti-discrimination bill that would protect transgender people from discrimination against their gender expression in the workplace. The bill previously passed in the state House. The bill must be reconciled with the House version, but is expected to pass [R1.2].

From July 2005 the law prohibited landlords from discriminating against gay men, lesbians, or transsexuals [R1.1].

Previously:

The sex discrimination provisions of Hawaii law did not protect persons from discrimination based upon their self-selected gender [R2.1].

On 01 July 2002, the Hawaii Civil Rights Commissioners ruled that the commission can hear (employment) sexual discrimination complaints filed by transgendered or transsexual individuals [R2.1].

An appeal to the Circuit Court was expected.

In April 2003, on a vote of 39-8, the Hawaii house of representatives has sent a bill to the desk of Gov. Linda Lingle that would added the classification of “gender identity or expression” to the state’s hate-crimes law [R1.4].

Previously:

In February 2003, the Hawaiian Senate Judiciary Committee has approved a measure to add “gender identity or expression” as a class covered by the state’s hate-crimes law [R1.3]. The measure goes next to the full senate for consideration.

On 13 June 2001, Acting Governor Mazie Hirono signed the Bill into law giving longer sentences for felony crimes motivated by the victim’s race, religion, disability, ethnicity, national origin or sexual orientation, race or religion [R1.2].

The law also calls for statistics to be kept for hate crimes [R1.2].

In May 2001, Gov. Ben Cayetano said today that he will sign the “hate crimes’ bill [R1.1].

In 1973, Hawaii’s anti-sodomy laws were repealed.

In July 1997, the Reciprocal Beneficiaries law, was passed. Same-sex couples who make a “Declaration of reciprocal beneficiary relationship” now have inheritance rights [L1.1]

On 13 November 2013, Governor Neil Abercrombie signed the state’s marriage equality bill into law, meaning same-sex couples can begin marrying December 2 [R1.12].

On 12 November 2013, the Senate approved (19-4 with two lawmakers excused) a new version of the marriage equality legislation that contains amendments added by the state House last week. Gov. Neil Abercrombie will sign it tomorrow, with the law coming into effect 02 December [R1.11].

On 09 November 2013, the House of Representatives approved a same-sex marriage bill 30-19. Provided the Senate passes a House amendment to the Bill, Governor Neil Abercrombie is expected to sign the bill into law, effective 02 December [R1.10].

On 05 November 2013, the same-sex marriage bill has passed a joint House committee and will advance to the House floor for a second reading and vote Wednesday morning. SB 1, the “Hawai’i Marriage Equality Act of 2013” passed 18 – 12 Tuesday afternoon [R1.9].

On 29 October 2013, the Senate passed the marriage equality bill 20-4. The bill must now pass the House Judiciary and Finance committees before the House votes on it. If amended the bill will return to the Senate for another vote [R1.8].

On 28 October 2013, the Senate Judiciary and Labor Committee passed a same-sex marriage Bill SB1 in a 5-2 vote. The Bill now goes to the full Senate [R1.7].

On 22 October 2013, Governor Neil Abercrombie submitted a proposed draft of the marriage equity bill (SB1) for consideration by the legislature. The primary proposed amendments are to §572-F and concern religious exemptions [L1.6], [L1.5], [R1.4].

A 1997 constitutional amendment permits, but does not require, the Legislature to prohibit marriages between same-sex couples.

Three anti-gay marriage bills were blocked in 1999.

Previously:

In November 1998, Hawaii took another step toward banning same-sex marriage, giving its Legislature the go-ahead to write a new law [R1.3].

In July 1997, registered cohabiting same-sex couples became eligible to receive reciprocal benefits such as medical insurance, state pensions, inheritance rights and the right to sue for wrongful death [R1.2].

In April 1997, a deal between Hawaiian politicians last week has scuttled any chance of same-sex marriages receiving legal backing, with gays and lesbians receiving only limited rights and benefits available to heterosexual couples [R1.1].

On 04 August 2016, the US Court of Appeals for the Ninth Circuit upheld the District Court’s judgment dismissing C. Kaui Jochanan Amsterdam’s claim because his moral and cultural objections to same-sex marriages are generalized grievances and are insufficient to confer Article III standing [C2.16], [R2.15].

On 30 June 2014, it was reported that the Ninth Circuit Court of Appeals set 08 September 2014 for hearing the challenges to same-sex marriage bans in Hawaii, Idaho and Nevada [C2.14], [R2.13].

On 28 January 2014, First Ciruit Court Judge Karl Sakamoto granted the state’s motion for summary judgment and ruled that the State’s marriage law is legal under both the state and federal constitutions [R2.12].

On 14 November 2013, Circuit Court Judge Karl Sakamoto rejected Hawaii Rep. Bob McDermott’s request for a temporary restraining order to delay any marriages, ruling that the legislature had the right to pass the new same-sex marriage law [R2.11].

On 07 November 2013, Judge Karl Sakamoto rejected a request filed by Representative Bob McDermott for a temporary restraining order to stop lawmakers from moving forward on same-sex marriage legislation [R2.10].

On 08 August 2012, Senior US District Judge Alan Kay in a 117-page decision, ruled that Hawaii’s marriage laws reserving marriage to a man and a woman “are not unconstitutional”. The case will likely be appealed [C2.9], [R2.8].

On 21 February 2012, Governor Neil Abercrombie refused to defend a constitutional ban against gay marriage in the Jackson v. Abercrombie case. The state Attorney General’s office filed separate responses for both the governor and Health Department [C2.7], [R2.6].

On 07 December 2011, the complaint in Jackson v. Abercrombie was filed in the federal district of Hawai’i challenging the opposite-sex marriage requirement as violating the Due Process and Equal Protection Clauses of the Fourteenth Amendment [C2.5].

In December 1999, the Hawaii Supreme Court ruled that the Baehr v. Anderson (formerly Baehr v. Miike, formerly Baehr v. Lewin) case be dismissed as moot the plaintiff’s complaint regarding the refusal to issue marriage licenses to same-sex couples but refused to overturn it’s 1993 ruling [R2.4].

In January 1997, Deputy Attorney-General Rick Eichor appealed Judge Chang’s Circuit Court ruling [R2.3].

In December 1996, Circuit Court Judge Kevin Change rejected all the arguments the State of Hawaii used to justify its laws banning same-sex marriage. He said the prohibition violates the State Constitution’s equal protection clause. State attorneys in Hawaii successfully prevented gay and lesbian couples from legally marrying, after the judge put his ruling on hold while the State appeals [R2.2].

In September 1996, the Hawaiian Circuit Judge Kevin Chang heard opening statements in the same-sex marriage case [R2.1].

In 1993, the court ordered Hawaii to show compelling reasons for discrimination in only issuing marriage licences to straight couples [C2.1], [R2.1].

On 13 July 2015, Governor David Ige signed bill HB631 that will allow transgender men and women in Hawaii to more easily change the gender on their birth certificate, eliminating the requirement that someone must first undergo gender reassignment surgery, with effect from 01 July 2015 [L1.3], [R1.2].

In June 2008, Hawaii was reported to be among the handful of states that have taken steps to afford specific civil rights protection to gay, lesbian, bisexual and transgender youth in foster care and juvenile detention [R1.1].

On 04 October 2018, the Hawaii Supreme Court ruled that same-sex spouses must be treated like heterosexual spouses when it comes to parental rights so must be recognized as the presumed parents for children born during their marriage and the non-biological spouse is obligated to pay child support even though not biologically related [C2.3], [R2.2].

In December 2000, a lesbian couple in Hawaii became the first lesbian couple granted equal parental rights to their child [R2.1].

On 03 March 2015, Police Officer Bobby Harrison is alleged to have harassed and discriminated against Courtney Wilson and Taylor Guerrero in a Foodland store after observing their consensual romantic contact on two occasions and became physical at the checkout Harrison then arrested them for assaulting police and jailed the women for three days. A Federal lawsuit was filed 27 October 2015 against officer Harrison and others [C1.2], [R1.1]

In July 1997, the Reciprocal Beneficiaries law, was passed. Same-sex couples who make a “Declaration of reciprocal beneficiary relationship” have the right to sue for wrongful death [L1.1]