Yesterday, the Hawaii Supreme Court heard oral arguments in a case challenging the validity of the Marriage Equality Act.
The suit was filed by Hawaii State Rep. Bob McDermott (R-It's Over You Lost Moron). He's been fighting this law since October 30 last year, before it was even enacted. His argument centers on Hawaii's 1998 constitutional amendment, which reads "The Legislature shall have the power to reserve marriage to opposite-sex couples." The amendment allows for same-sex marriage to be banned statutorily without actually banning it constitutionally.
McDermott's argument contends that the people intended to ban same-sex marriage in the Constitution, thus making the law unconstitutional. Of course, that's not what it says.
McDermott's fight against the law is pretty complicated. Here's a timeline of what he's tried to do:
On October 30 last year, he filed a lawsuit seeking a restraining order on the legislature to prevent them from legalizing same-sex marriage.
On November 7, Oahu Circuit Court Judge Karl Sakamoto denied the request.
On November 12, he filed another lawsuit, this time seeking an injunction on the state to prevent it from legalizing marriage licenses to same-sex couples.
On November 13, the bill became law.
On November 14, Sakamoto denied the request. His ruling focused on whether or not the legislature had the law-making power to enact the law. He concluded that it did. He did not rule on if it was constitutionally invalid.
On November 27, McDermott filed the official constitutional challenge.
On January 28 this year, Sakamoto ruled on the merits of the case, upholding the law.
I can't see the Hawaii Supreme Court reaching any other conclusion. But even if they do, the Ninth Circuit's precedent on the issue will ensure that marriage discrimination does not stay legal for very long.
4:47 PM PT: The Supreme Court has allowed marriage equality in Florida to proceed:
http://www.dailykos.com/...