Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Hawaii currently have all of the same rights as non-LGBT people - with recent reforms such as workplace protection laws and the adoption of Senate Bill 1 (also known as the Hawaii Marriage Equality Act) -- equalizing treatment for LGBT people and couples.
Video LGBT rights in Hawaii
Law regarding same-sex sexual activity
Hawaii repealed its sodomy law in April 1972 and revised its sex offences laws in 1986 following state Supreme Court rulings which defended a Georgia ban on sodomy. The original sodomy law repeal was effective from the beginning of 1973.
Maps LGBT rights in Hawaii
Recognition of same-sex unions
Same-sex marriage legislation
On September 9, 2013, Governor Abercrombie announced that he is calling the Hawaii State Legislature into special session on October 28 to consider the same-sex marriage bill. The bill has wide support in the Senate as well as the required majority in the House. If approved, the bill would take effect November 18.
On October 28, the Senate Committee on Judiciary and Labor passed same-sex marriage legislation in a 5-2 vote, sending the bill to a full Senate vote. On October 30, the Senate approved the legislation in a 20-4 vote, sending the bill to the House. On October 31, the bill was debated by both the House Committee on Judiciary and House Committee on Finance. The House, following extensive public debate and an attempted 'citizens' filibuster' of the legislation, voted 30-19 on November 8 in favour of the legislation. The bill returned to the Senate for approval of House amendments which expanded religious exemptions and the Senate provided final legislative approval on November 12, voting 19-4 for passage to the desk of the Governor. Governor Neil Abercrombie signed the bill into law on 13 November; same-sex couples began marrying on December 2, 2013.
History prior to same-sex marriage
Hawaii's denial of marriage licenses to same-sex marriage couples was challenged in court in 1993. In 1994, the state enacted a statute banning same-sex marriage. In November 1998 the voters of Hawaii voted 69 percent in favor of amending the state constitution called Hawaii Constitutional Amendment 2 to allow the legislature to ban same-sex marriage. The constitutional amendment led the Hawaii Supreme Court to dismiss the lawsuit.
Hawaii established reciprocal beneficiary relationships, a limited form of civil union, for both same-sex and opposite-sex couples in 1997. Numerous legislative attempts to enact fuller civil unions equivalent with other jurisdictions' civil unions and domestic partnerships have failed.
Governor Linda Lingle vetoed a civil union law in 2010. Governor Neil Abercrombie signed the same legislation on February 23, 2011, the first law he signed as governor. The law went into effect January 1, 2012.
Hawaii has provided benefits to same-sex partners of state employees since 1997.
Parenting
Hawaii allows all couples, including same-sex couples to adopt. Additionally, lesbian couples can get access to IVF and artificial insemination treatment and surrogacies are allowed for gay male couples as well.
Discrimination protection
Hawaii law explicitly prohibits discrimination based on both sexual orientation and gender identity or expression in employment, public accommodations and housing.
The discrimination protections for sexual orientation in employment were added in 1991. In 2005 protections were extended to housing and in 2006 to public accommodations, both for sexual orientation and gender identity or expression. In 2011, gender identity or expression protections were extended to employment.
Hate crime laws
Hawaii has a law that addresses hate crime protection for both actual and/or perceived sexual orientation and gender identity or expression.
According to statute:
- Sexual orientation is defined as heterosexuality, homosexuality or bisexuality and those "having a history of any one or more of these preferences or being identified with any one or more of these preferences."
- "'Gender identity or expression' includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self image, gender-related appearance, or gender-related expression; regardless of whether that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth."
Conversion therapy
In January 2016 a bill, SB2615, that will outlaw conversion therapy on LGBT minors was introduced to the Hawaii State Legislature. On March 8, 2016 the Hawaii Senate passed the bill by a landslide vote of 22 to 2. However, the bill died in the House without a vote.
Gender identity birth certificates and gender reassignment
Hawaii's Department of Health issues a new birth certificate to a post-operative transsexual upon receipt of a physician's affidavit verifying that the birth registrant has undergone sex-reassignment surgery. On May 5, 2015, the Hawaii Legislature passed a bill to allow transgender people to change their gender on their birth certificates without undergoing such surgery. Hawaii Governor David Ige signed the bill into law on July 14, 2015 and the legislation went into effect immediately.
Since July 1, 2016, Hawaii also bans discrimination against gender identity or expression within insurance contracts. This also must include gender reassigment surgery.
Summary of LGBT rights
References
Source of article : Wikipedia
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