University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Jackson v. Abercrombie PB-HI-0002
Docket / Court 1:11-cv-00734-ACK-KSC ( D. Haw. )
State/Territory Hawaii
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On January 27, 2012, a same-sex couple and another individual in a same-sex relationship, all citizens of Hawaii, filed a lawsuit in the U.S. District Court of Hawaii under 42 U.S.C. § 1983 against the state of Hawaii. The plaintiffs, represented by private attorneys, asked the court for a ... read more >
On January 27, 2012, a same-sex couple and another individual in a same-sex relationship, all citizens of Hawaii, filed a lawsuit in the U.S. District Court of Hawaii under 42 U.S.C. § 1983 against the state of Hawaii. The plaintiffs, represented by private attorneys, asked the court for a declaration that the restriction of the right of marriage to opposite sex couples under § 572-1 of the H.R.S and under the "marriage amendment" violates Due Process and Equal Protection under the U.S. Constitution. Further, plaintiffs asked the court to permanently enjoin the Governor, the Director, and any person acting on their behalf from enforcing the restriction.

In 1994, the Hawaiian legislature added language to § 572-1 to specifically define marriage as between a man and a woman. In 1997, the legislature passed a "Marriage amendment" which states that only the legislature has the power to reserve marriage to opposite-sex couples. The people of Hawaii ratified this amendment in November 1998. During the same session, the legislature also passed H.B. No. 118, the Reciprocal Beneficiaries Act, which allowed persons who are legally prohibited from marrying, the ability to register as reciprocal beneficiaries and obtain certain rights (associated with marriage).

Defendant Abercrombie admitted § 572-1 violates due process clause and equal protection clause.

On May 2, 2012 Court granted Hawaii Family Forum (HFF) motion to intervene as a defendant. Jackson v. Abercrombie, 282 F.R.D. 507 (D. Haw. 2012). Defendants filed a motion for summary judgment on June, 15, 2012, which was granted. On August 8, 2012, the Court, Alan C. Kay, Senior U.S. District Judge, granted summary judgment for defendants, holding the issue is one for the legislature to decide. On September 10, 2012, plaintiffs appealed to the U.S. Court of Appeals for the Ninth Circuit.

On September 7, 2012, the plaintiffs filed a notice of appeal. However, on November 13, 2013, before any arguments had been heard, Governor Abercrombie signed a bill legalizing same-sex marriage. Beginning December 2, 2013, same-sex couples living in Hawaii and tourists can marry in the state. On October 10, 2014, the United States Court of Appeals for the Ninth Circuit ordered that the district court decision be vacated and that the case be remanded with directions to dismiss. On October 23, 2014, the case was dismissed as moot.

Katrina Fahey - 11/18/2013
Katherine Reineck - 02/16/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Discrimination Prohibition
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Director of Department of Health
Governor of Hawaii
Hawaii Family Forum
Plaintiff Description Citizens of Hawaii in same-sex relationships seeking the right to marriage.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
12−16995 (D. Haw.) 11/04/2014
PB-HI-0002-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Complaint 01/27/2012
PB-HI-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Hawaii Family Forum’s Motion to Intervene Procedural Background 05/02/2012 (282 F.R.D. 507) (D. Haw.)
PB-HI-0002-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting HFF’S Motion for Summary Judgment and Defendant Fuddy’s Motion for Summary Judgment, Denying Plaintiffs’ Motion for Summary Judgment and HFF’S Motion to Dismiss Defendant 08/08/2012 (884 F.Supp.2d 1065) (D. Haw.)
PB-HI-0002-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amicus Curiae Brief of the American Civil Liberties Union Foundation of Nevada and the American Civil Liberties Union Foundation of Hawai‘i 10/25/2013
PB-HI-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of the Court 10/10/2014 (585 Fed.Appx. 413)
PB-HI-0002-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kay, Alan Cooke (D. Haw.)
PB-HI-0002-0002 | PB-HI-0002-0003 | PB-HI-0002-0006
Monitors/Masters None on record
Plaintiff's Lawyers D'Amato, John J. (Hawaii)
PB-HI-0002-0001 | PB-HI-0002-0002 | PB-HI-0002-9001
Lee, William (Hawaii)
PB-HI-0002-0001 | PB-HI-0002-0002 | PB-HI-0002-9001
Maloney, John T Jr. (Hawaii)
PB-HI-0002-0001 | PB-HI-0002-0002 | PB-HI-0002-9001
Defendant's Lawyers Carmichael, Holly L. (Arizona)
PB-HI-0002-9001
Henderson, Harvey E. Jr. (Hawaii)
PB-HI-0002-9001
Hochberg, James Jr. (Hawaii)
PB-HI-0002-9001
Lau, Girard D. (Hawaii)
PB-HI-0002-9001
Morris, Daniel Alfred (Hawaii)
PB-HI-0002-9001
Nakatsuji, Robert T (Hawaii)
PB-HI-0002-9001
Quinn, Rebecca Estrada (Hawaii)
PB-HI-0002-9001
Raum, Brian W. (Arizona)
PB-HI-0002-9001
Schowengerdt, Dale (Arizona)
PB-HI-0002-9001
Wynhoff, William J. (Hawaii)
PB-HI-0002-9001
Other Lawyers Alston, Paul (Hawaii)
PB-HI-0002-9001
Gluck, Daniel M (Hawaii)
PB-HI-0002-0005
Lichtenstein, Allen (Nevada)
PB-HI-0002-0005
Perrin, Lois K (Hawaii)
PB-HI-0002-0005
Pratt, Staci J. (Nevada)
PB-HI-0002-0005
Wadsworth, Clyde James (Hawaii)
PB-HI-0002-9001

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