Hawaii Legalizes Civil Unions
March 16th, 2011 Posted by DerrickHawaii has become the seventh state to recognize civil unions between same-sex partners, just one month after a similar law was signed in Illinois.
The Hawaii Civil Union Law, signed by Governor Neil Abercrombie on February 23, 2011 goes into effect on January 1, 2012. It permits same-sex or opposite-sex couples to enter into civil unions. The Hawaii Civil Unions provide many of the same benefits as marriage under state law, although they are not recognized by federal law.
Hawaii joins Illinois, California, Nevada, New Jersey, Washington and Oregon in offering civil unions to same-sex couples. Wisconsin has a domestic partnership law that confers some benefits.
Although specifics on the bill are sketchy, it appears that employers will have to extend the same benefits to civil partners as to spouses of employees in Hawaii.
Currently same-sex marriage is legal in Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and the District of Columbia. California recognizes same-sex marriages that occurred during part of 2008, when marriage licenses were issued in that state. Rhode Island, Maryland and New York recognize same-sex marriages performed in other states, according to the Human Rights Campaign. Colorado and Maine provide some rights to same-sex partners.
Under the law, the Hawaii Family Court will have jurisdiction in annulments, dissolving civil unions (divorce) and separation, just as it handles matters regarding marriage.
According to Governor Abercrombie, this law provides equal rights to citizens of both sexes. “This signing today of this measure says to all of the world that they are welcome. That everyone is a brother or sister here in paradise.”
Hawaii has a long history with the issue of gay marriage. In 1993, the Hawaii Supreme Court ruled that same-sex couples must be allowed to marry. Before that ruling went into effect, voters overturned it in a state-wide referendum. A bill that would have legalized Hawaii civil unions was passed by the state legislature in 2010, but then-governor Linda Lingle refused to sign it.
The state of Hawaii faced a major lawsuit that has been settled with the passage of this law. The American Civil Liberties Union and Lambda Legal had sued the state on behalf of a half-dozen gay couples, accusing the state of illegal discrimination against gays and lesbians. This new civil union law is expected to end that potentially expensive lawsuit.
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Tags: benefits, civil union, domestic partnership, gay marriage, Hawaii, law, partnership, same sex, union