Plaintiffs Plan to Continue to Challenge Hawaii’s New Gay Marriage Law in Court

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Bob McDermott

HONOLULU – Hawaii state Rep. Bob McDermott’s lawsuit to stop gay marriage from becoming law in Hawaii failed in state circuit court, but he and other plaintiffs are filing a motion for reconsideration in preparation for possible appeal.

McDermott originally filed a lawsuit October 31 seeking a Declaratory Judgment on the 1998 ballot issue on same-sex marriage.


While governor and many legislators maintain the meaning 1998 constitutional amendment gave the state legislature the power to make all decisions on same sex marriage, McDermott said the adopted constitutional amendment, and instructions from the state Office of Elections, clearly set limits on legislative authority.

McDermott said the people clearly “thought” they were voting on a legal definition of marriage as between opposite sexes only.

Circuit Judge Karl Sakamoto told McDermott he could return to court once the bill became law, but could not interfere prior.

Senate Bill 1 got its final approval from the legislature on Tuesday, November 12, when the Senate passed the bill.

Gov. Neil Abercrombie signed Senate Bill 1, House Draft 1 into law on Wednesday, November 13, making Hawaii the 15th state to legalize gay marriage.

McDermott, a Republican who represents House District 40 on Oahu, went back to court on Thursday, November 14, to challenge the law, but Sakamoto refused to rule in McDermott’s favor.

The state Department of Health will authorize the first gay marriages as of December 2 unless further legal action by McDermott or others is successful.





  1. There were, "… countless moms and dads who cried, begged and pleaded in behalf of their innocent keikis." Really? "[They] Practically got down on their hands and knees urging "the regime" not to pass the same sex marriage bill." Is this a joke? Am I really reading this? From your comment, one might assume that you lack: logic, common sense, compassion, an understanding of the US Constitution, and a life. These are actions and comments of a fool, and I would not brag about this truly insipid and inhumane belief system you espouse. A person with these views (Hawaiian or not) is clearly not cut-out to raise children. These persons are potential child abusers – let me make myself perfectly clear, parents who cannot accept there children for who they are, be they of any of a variety of God's creations, who are willing to abort, shun, humiliate, disown, reject, condemn, or throw their children out of the house … well you get the point … are abusing a precious gift from God. Congratulations to the loving caring inclusive people of the great state of Hawaii on this wonderful celebration of life and diversity! Hey Bob, get a life, really Mr. McDermott, you need one.
    P.S. Mr. or Mrs. Guest, save this blog for the day that your children, grandchildren, great grandchildren (keikis) "come out." There are exactly two possibilities. 1. That will happen. 2. Your blood line has come to an end, since being gay is a natural variation in God's plan.

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