Civil Union Proponents Promise Lawsuit

Tuesday marked the end of House Bill 444, but it's not the end of the debate over gay rights in Hawaii.

A fight that started in the courts almost two decades ago and has weaved its way through ballot initiatives, the Hawaii Legislature and now the governor's office could be headed back to the judicial branch of government soon.

Lambda Legal, the American Civil Liberties Union and the law firm of Alston, Hunt, Floyd and Ing will soon file a lawsuit seeking equal rights for same-sex couples, Lambda Legal National Marriage Project Director Jennifer C. Pizer said in a phone interview from California just moments after Gov. Linda Lingle vetoed Hawaii's civil unions bill.

The suit will seek to apply the "core constitutional concepts that every Hawaii family has the right to be protected under the Hawaii Constitution," Pizer said. "This is an effort that we've been prepared to make for some time, but we're disappointed that it's necessary."

Pizer declined to discuss the suit in detail because it has not yet been filed. The lawsuit will likely accuse the state of violating the equal protection and due process clauses of both the Hawaii Constitution and the U.S. Constitution. The plaintiffs could include multiple same-sex couples who can identify specific rights to which they are entitled and ways in which they have been denied equality.

"We have been preparing this for over a year," Pizer said. In February, after lawmakers appeared to shelve the bill for the remainder of the legislative session, the groups put out a press release threatening suit.

"We hit the pause button on this lawsuit repeatedly because it's certainly a good thing when the Legislature deals with inequalities and the governor allows those kind of solutions to take effect," she said. "But when the legislative process fails or the governor stands in the way of that kind of protection for families, sometimes we need to protect our clients in court."

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