A referendum on the Amendment 1 to the Constitution of Hawaii was held on 5 November 2024. The amendment repealed the Hawaii's legislature's ability to limit marriage to heterosexual couples,[2] reversing the 1998 Hawaii Amendment 2.[3] The voters backed the measure by 55.9%[4] of the valid votes; it succeeded in all four of Hawaii's major counties. The amendment passed simultaneously with similar ones in California and Colorado.[5][6]
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Hawaii Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment | ||||||||||||||||||||||
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 Results by county
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| Sources: State of Hawaii Office of Elections[1] | ||||||||||||||||||||||
Background
editIn 1993,[7] the Supreme Court of Hawaii ruled that a ban on same-sex marriage violated the state's constitution in Baehr v. Miike. However in 1998, Amendment 2 was approved via a referendum, allowing the Hawaii legislature to ban same-sex marriage.[8] Hawaii ultimately legalized same-sex marriage in 2013, becoming the 15th state to do so and preceding the Obergefell v. Hodges by two years.[9][10] Following the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization and hints by Supreme Court Justice Clarence Thomas towards reconsidering Obergefell v. Hodges,[11] activists have raised concerns over the ruling's future. Ballot measures in Hawaii, California and Colorado were intended to safeguard same-sex marriage if the decision was ever overturned.[12]
Legislative process
edit
In 2023, a coalition of local organizations was formed to repeal Constitutional Amendment 2.[13] Senator Chris Lee and Representative Adrian Tam announced their support for the campaign and pledged to push for the passage of legislation repealing the amendment. A constitutional amendment was introduced to the State Legislature on January 24, 2024 by Representative Scott Saiki. It passed the House on March 5 by 43 votes to 6, and the Senate on April 9 by 24 votes to 1.[14][15][16][17] Senator Mike Gabbard, well known for his opposition to same-sex marriage in the 1990s, gave a public apology in the Senate Judiciary Committee and voted to repeal the amendment in the final vote on the Senate floor.[18] As Amendment 1, it was approved on November 5, 2024 with 56% of the vote.[a] Constitutional amendments require a majority of all votes cast; taking the blank votes and overvotes into account, the measure passed by 51–40 percent.[19][20] It was approved in all counties except Kalawao.[21]
| Political affiliation | Voted for | Voted against | Abstained/Not present |
|---|---|---|---|
| Democratic Party | 23
|
- | - |
| Republican Party | - | ||
| Total | 24 | 1 | 0 |
Position
editParties
editThe Democratic Party of Hawaii backed the amendment[22], while the Republican Party of Hawaii neither endorsed nor opposed it.[23]
Current and former elected officials
editJosh Green, the Governor of Hawaii, supported the amendment, as did the former Governors David Ige and John D. Waiheʻe III. It was also backed by Senator Brian Schatz and Representative Ed Case, as well as former Hawaiʻi Supreme Court Justice Steven Levinson and numerous other officials.[24]
Organizations
editOrganizations such as ACLU of Hawaiʻi, Japanese American Citizens League, Hawai`i LGBT Legacy Foundation, Hawai'i Health & Harm Reduction Center, Council For Native Hawaiian Advancement, Hawaii Civil Rights Commission, Change 23 Coalition, Papa Ola Lōkahi, Hawaii State Teachers Association, Hawai'i State AFL-CIO, Hawaii Workers Center, Hawaii Rainbow Chamber of Commerce, Rainbow Family 808, Highgate Hawaii, Equality HI, Common Cause Hawaii, O'ahu Jewish 'Ohana and Interfaith Alliance of Hawai'i supported the amendment.[24][22]
Results
editOn November 5, 2024, at 7:00 PM HST, polls in Hawaii closed. On November 6, 2024, at 5:08 AM HST, with 99% of votes counted, the Associated Press projected, with 55.9% in favor, the passage of Amendment 1.[25]
Results by county
edit"Yes" performed moderately well across the state, winning all four counties and performing the best in Hawai'i County. It earned its worst result in Kauai County, which was also the weakest for Harris in the presidential election and second-weakest for Hirono in the election to Senate.[26]
| County | Yes, # | Yes, % | No, # | No, % |
|---|---|---|---|---|
| Hawai'i | 43,912 | 57.32% | 32,697 | 42.68% |
| Maui | 32,078 | 56.60% | 24,596 | 43.40% |
| Kauai | 14,131 | 54.08% | 12,001 | 45.92% |
| Honolulu | 177,311 | 55.64% | 141,367 | 44.36% |
See also
editReferences
edit- ^ "Hawaii Statewide Election Results" (PDF). Hawaii Office of Elections. Retrieved November 10, 2024.
- ^ "Hawaii Amendment 1 Election Results: Right to Marry". The New York Times. Retrieved November 9, 2024.
- ^ Blair, Chad (November 6, 2024). "Hawaii Voters Supporting Same-Sex Marriage Ballot Measure". Honolulu Civil Beat. Retrieved November 9, 2024.
- ^ "2024 Hawaii General Elections Results - Amendment 1 - Right to Marry". The Detroit News. Retrieved November 10, 2024.
- ^ Henni, Janine (November 7, 2024). "3 States Just Boosted Same-Sex Marriage Protections in Case Supreme Court Overturns Landmark Ruling". People.com. Retrieved November 9, 2024.
- ^ "HB2802 HD1". Hawai‘i State Legislature. Retrieved November 9, 2024.
- ^ McCall, Malissa. "The First Major Same-Sex Marriage Case: Baehr v. Lewin (Miike)". FindLaw. Retrieved November 9, 2024.
- ^ Saghal, Kanav (May 11, 2023). "Revisiting American Queer Legal History". Vidhi Centre for Legal Policy. Retrieved November 9, 2024.
- ^ Blair, Chad (September 10, 2024). "Hawaii voters asked to ensure protection of same-sex marriage". AP News. Retrieved November 9, 2024.
- ^ Sanburn, Curt (March 5, 2014). "The Painful Path to Same-Sex Marriage in Hawaii". Honolulu Magazine. Retrieved November 9, 2024.
- ^ Forgey, Quint; Gerstein, Josh (June 24, 2022). "Justice Thomas: SCOTUS 'should reconsider' contraception, same-sex marriage rulings". Politico. Retrieved November 9, 2024.
- ^ Barrett, Maura; Lukasiewicz, Halle (October 22, 2024). "Worried by fall of Roe v. Wade, organizers get same-sex marriage on the ballot in three states". NBC News. Retrieved November 9, 2024.
- ^ Blair, Chad (November 14, 2023). "Hawaii Voters Could Be Asked To Amend Constitution On Marriage Equality". Honolulu Civil Beat.
- ^ "HB2802 HD1". Hawaii State Legislature. Retrieved June 9, 2024.
- ^ "LGBT-plus advocates push for voters to solidify Hawaii's same-sex marriage rights". Hawaii News Now. April 21, 2024.
- ^ "Hawai'i could amend constitution to include same-sex marriage". Los Angeles Blade. April 6, 2024.
- ^ Blair, Chad (September 10, 2024). "Hawaii Voters Asked To Ensure Protection Of Same-Sex Marriage". Civil Beat.
- ^ "After change of heart, lawmaker who led charge against same-sex marriage apologizes". Hawaii News Now. March 21, 2024.
- ^ Staff, H. N. N. (November 6, 2024). "Majority vote in favor of same-sex marriage amendment". Hawaii News Now. Retrieved November 8, 2024.
- ^ "Hawaii Voters Supporting Same-Sex Marriage Ballot Measure". Honolulu Civil Beat. November 6, 2024.
- ^ "General Election Statewide Precinct Detail" (PDF). Office of Elections. Retrieved November 11, 2024.
- ^ a b Tsai, Michael (March 7, 2024). "Bill would repeal Legislature authority on same-sex marriage". Spectrum News. Retrieved November 11, 2024.
- ^ Beran, Liam (October 31, 2024). "Why Marriage Equality Is Back on the Ballot". The Nation. Retrieved November 11, 2024.
- ^ a b "OUR ALLIES". Yes For Marriage. Retrieved November 11, 2024.
- ^ "Hawaii Amendment 1 Results". The Washington Post. Retrieved November 12, 2024.
- ^ "Hawaii Election Results". The New York Times. Retrieved November 11, 2024.
Noes
edit- ^ Voters were asked: "Shall the state constitution be amended to repeal the legislature's authority to reserve marriage to opposite-sex couples?"