Marriage Remains Protected in Hawaii

A federal judge has ruled against two Hawaii women who want to get "married" instead of entering into a civil union.

Judge Alan Kay's ruling was a victory for opponents of same-gender marriage including the Hawaii Family Forum, a Christian group. Kay ruled that lawmakers and the people should decide whether to allow same-sex marriage.

In its ruling, the court concluded: "Throughout history and societies, marriage has been connected with procreation and child rearing .... It follows that it is not beyond rational speculation to conclude that fundamentally altering the definition of marriage to include same-sex unions might result in undermining the societal understanding of the link between marriage, procreation, and family structure.

"In this situation," the court continued, "to suddenly constitutionalize the issue same-sex marriage 'would short-circuit' the legislative actions that have been taking place in Hawaii .... Accordingly, because Hawaii's marriage laws are rationally related to legitimate government interests, they do not violate the federal Constitution."

The lawsuit by Natasha Jackson and Janin Kleid argues they need to be married in order to get certain federal benefits. Co-plaintiff Gary Bradley wants to marry his foreign national partner to help him change his immigration status. Their lawyer plans to appeal.

The case put Hawaii Gov. Neil Abercrombie in the unusual position of both being a defendant in the lawsuit and supporting the women's claims. The governor believes a same-sex marriage ban is unconstitutional.