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.

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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.

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24 COMMENTS

  1. I thought they were going to roast that fat hog Bob McDermott when gay marriage passed? Grab the spit! Honestly, bigots are so funny-here he is, guilty of teh sin of gluttony, with full rights and claiming god is on his side, fighting against millions of people and the legal protection they want for their spouses and their children. It is truly pathetic and vile. Thank god he has no chance in hell.

    • You must be an atheist.
      Remember, you bigots shot first by supporting that lawsuit claiming churches owe rent. The claims in the lawsuit are false and are driven by an atheistic agenda that is hostile to churches. The undeniable fact is that these churches were at all times truthful, and they have paid all required rent to the schools.

      “These churches have not only faithfully paid all of their rent, they’ve sacrificially given much more in service and funding to the schools and communities they love,” added co-counsel James Hochberg of Honolulu, one of nearly 2,300 allied attorneys with Alliance Defending Freedom. “This lawsuit’s accusations are not only false; they are downright shameful.”
      More at' https://www.hawaiireporter.com/hawaii-churches-ask

    • Wow, got anything ORIGINAL to say now? Resorting to the bigot card is just a lame and desperate attempt to silence criticism, shut down debate and to censor the free speech of those who disagree with the gay lifestyle. Try another tactic, this one is getting old.

  2. Since the Hawaii courts have upheld the law this fat bastard teapublican terrorist will now get to try it in San Francisco where, once again, he'll be shot down inflames.

  3. Really, it's about time that certain people get deported. They'd be sooooo much happier in Iran, when those silly gays don't expect "liberty and justice for ALL".

  4. To Rep. McDermott: Hi Bob, I read your story and it reminded me of something, so I looked up Sisyphean‎ in the Free Dictionary, "A cruel king of Corinth condemned forever to roll a huge stone up a hill in Hades only to have it roll down again on nearing the top." Corinth, the ancient city in Greece, do you have family there? – Denver

    P.S. Just think Bob, a great volcano, a rock, and you, every day rolling it up the volcano – what a wonderful tourist attraction! Go Bob!

  5. Bob, is doing what he think is right, he has the right to do his job. His constituency elected him to represent them, they were apposed to Gay marriage and evidently still are, they look to Bob to REPRESENT them. I have been vocal on this issue as well and the one thing that rings true is the obvious hate and almost childlike name calling that those in favorof same sex marriage use and the hate they project on those opposed to their ideology. You have the right to your opinion, you have the right to be heard…so does Bob, BUT NOONE has the right to verbally assualt another, can you not enage in mindful debate or simply keep silent and respectful of all humans, wether they agree with you or not? I attended the protests at the capitol and I was verbally accosted by a protestor in favor of SB1, so much so that in his rant he was flinging spittle in my direction. It t still irks me that those opposed to the bill are called haters and bigots. If you look at the blogs and the social networks the vast majority of all the hate, vulgarity and name calling is coming from those in favor of SB1. This BLOG is just one more demonstration of this childish behavoir.

    • Mitsuni, "It t still irks me that those opposed to the bill are called haters and bigots." "Bigotry is the state of mind of a bigot: someone who, as a result of their prejudices, treats or views other people with fear, distrust, hatred, contempt, or intolerance on the basis of a person's ethnicity, race, religion, national origin, gender, sexual orientation, disability, socioeconomic status, or other characteristics." – Wikipedia. I don't care about your religion, your views on morality, your political party, your family, your military status, your immigration status, your ethnicity, your age, your marital status, if you are divorced, if you are remarried, if your wife is past childbearing age, the state you live in, or your personal beliefs. This is an issue of fundamental human rights and it should never be put to a public vote – ever – I don't care if it would pass, the rights of the minority should never be subject to a vote of the majority. Good thing for you too! Are you starting to understand the logic of equality and equal rights? As for the guy, "that in his rant he was flinging spittle in my direction," I have this image of you, denied your (or your family's) rights to equality under the law (take you pick, age gender, ethnicity …) yelling invectives at a klutz saying that you and your family are not equal – and that, "…we'll vote on it, just to be fair." Should the Spittle guy be allowed to vote on your rights? Not so long ago, this happened in the United States. Try walking a few steps in the Spittle guy's moccasins. How do you think he feels about you? This battle is over, get used to it.
      P.S. "Sticks and stones may break my bones, but names will never hurt me." There were bigger issues here.

  6. With all this talk about "haters" the gay advocates seem to be dishing it out more than anybody else. We're not buying the "bigot" and "homophobe" bs anymore. Suppression of opposing views by name-calling is getting a little tiresome.

    • Please do not claim discrimination either, LBGT's chose this path to marry, discriminating against God.
      Webster's dictionary defines discrimination as "careful selection".
      The denial of LGM+BT's marriage is not careful selection because they chose to discriminate to whom they want t/b married to. So it's a chance of choice one makes to be married.
      The TRULY Discriminated are those with disabilities. Yet we have the apporach of; DO YOU KNOW THAT THEIR ARE ALOTS OF BLESSING AND BENEFIT BEING A DISABLED IF ONE HAS A POSITIVE ATTITUTE TOWARDS LIFE?
      If you are a LinkedIn member, please try this link below for real discrimination.
      Why is it so hard for a person that is disable to get help for their disability

      • Let's see. Would you abort a gay child? How about a child with disabilities? No? So then, you think it's OK to discriminate against gay kids because you feel that true discrimination is directed against people with disabilities? What in the world are you talking about? Discrimination against people with disabilities is always morally wrong and it is equally morally wrong to bully and discriminate against gay children (or adults). Above are three questions and my point of view, how about three yes or no's from you. Here's a hint, life is a precious gift from God.

      • Do Not relate this thread to abortion. You made a choice about your own life. Those with disabilities NEVER had a choice. You have.
        Do not bring up children either, for you are discriminating against the parents of these kids.
        You are not a parent, and have no idea what is to be one. So stop it. Now.
        And for cursing atomicminkey,BED, and I….well it reveals what a HATER you are.
        So atomic monkey is right, gay advocats dish out more hate than us.

      • Try drafting a letter, in the future, to your gay great grandchild on his or her "choice" to be gay. What will you say? Pervert? Evil? I disown you? And where are you getting the idea from that this child has a "choice" in the matter? Even the Ex-gay Exodus organization finally admitted that change is not possible and closed its doors and apologized to the people that it harmed. In your letter to your grandchild, you might start out with, "I'm sorry for the terrible things that I have said and the way that I have treated you and I love you just how you are … " That would be a start toward becoming a responsible adult and a loving grandparent. Do you ever wonder what happens to gay teens kicked to the street for their "choice" to be gay? I do. Parents of these children typically say that the child has made a "choice" that they just can't handle – the parent feels humiliated and kicks the child out of the home. These parents are not fit to raise a child and should refrain from having children because they lack moral and spiritual perspective, maturity, and a backbone.

  7. Hello Atomicmonkey, "A Catholic bishop offered prayers of exorcism Wednesday in response to Gov. Pat Quinn's approval of an Illinois gay marriage law, and he suggested politicians are "morally complicit" in assisting the sins of same-sex couples." The Chicago Tribune reported for Bishop Thomas Paprocki (some in Latin to a large crowd in the Cathedral), "I exorcise you, every unclean sprit, every power of darkness, every incursion of the infernal enemy, every diabolical legion, cohort and faction, in the name and power of our Lord Jesus Christ." I think he was talking about me. Atomicmonkey, how you would rank Bishop Paprocki's actions and words, a sensitive warm and caring Shepard of Christ the Savior? Or a bigot? Atomicmonkey, what's the wost thing you've been called this year? Do you think it rival what Mr. Spittle and the other gay people on this forum are called every day? Have you ever had an Exorcism directed at you? – Denver

      • Mr. or Mrs. Guest, I think I am safe here in Denver since Bishop Thomas Paprocki is 1000 miles east of me. Apparently, that kind of exorcism doesn't have the range. So don't worry, I'm sure that you are safe too, being that it's 3,338 mi
        distant from Denver west to Honolulu County. Thanks for your concern!

  8. We need more legislators like Bob McDermott who believes in honoring the will of the vast majority of the people of Hawaii who believe marriage is that between one man and one woman only. I watched the testimonies of countless moms and dads who cried, begged and pleaded in behalf of their innocent keikis. Practically got down on their hands and knees urging "the regime" not to pass the same sex marriage bill. In the end, they totally disregarded, ignored the wishes of these parents. It was a symbolic middle finger to the people of Hawaii.

    • State continues to impose it's LGBT agenda.
      Governor has ordered Department of Human Resources and Development (DHRD) to issue State’s Discrimination/Harassment-Free Workplace Policy and Procedure, effective October 15, 2013. The policy must be disseminated to all employees and all employees, supervisors and non-supervisors must attend the “Discrimination/Harassment-Free Workplace” training.

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