Case: McDermott v. Abercrombie

13-1-002899 | Hawaii state trial court

Filed Date: Oct. 30, 2013

Case Ongoing

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Case Summary

In August 2013, Governor Neil Abercrombie called for a special session of the legislature to consider and act upon a marriage equality bill. On October 30, 2013, a member of the Hawaii state legislature filed a lawsuit in the First Circuit Court for the State of Hawaii against the State. He asked the Court to declare that the Hawaii State Constitution reserves marriage for opposite-sex couples only. The plaintiff, represented by private counsel, claimed that an amendment to the State constituti…

In August 2013, Governor Neil Abercrombie called for a special session of the legislature to consider and act upon a marriage equality bill.

On October 30, 2013, a member of the Hawaii state legislature filed a lawsuit in the First Circuit Court for the State of Hawaii against the State. He asked the Court to declare that the Hawaii State Constitution reserves marriage for opposite-sex couples only. The plaintiff, represented by private counsel, claimed that an amendment to the State constitution, approved by voters in 1998, precluded the passage of any marriage equality bill by the State legislature. Article 1, Section 23 of the Hawaii State Constitution states that "the legislature shall have the power to reserve marriage to opposite-sex couples." The plaintiff contended that based on the plain meaning of the provision, and the understanding of the voters that approved it, it would be necessary to amend the constitution before any same-sex marriage bills could be enacted.

We only have access to the docket and the complaint for this case. From the docket, it appears that on November 14, 2013, Circuit Court Judge Karl Sakamoto refused to grant the plaintiff a temporary restraining order to prevent the State from granting marriage licenses to gay couples starting on December 2, 2013. Additionally, on January 29, 2014, Judge Sakamoto granted the State's motion for summary judgment, ruling that the Hawaii Marriage Equality Act, which was passed in December 2013, was constitutional.

On May 21, 2014, the plaintiff appealed the case directly to the Hawaii Supreme Court (docket number SCAP-14-0000843). Oral arguments are scheduled to occur on December 18, 2014.

Summary Authors

Nate West (12/2/2014)

People


Attorney for Plaintiff

Matsumoto, Robert K. (Hawaii)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

13-1-002899

Docket

Sept. 10, 2014

Sept. 10, 2014

Docket

13-1-002899

Complaint

Oct. 30, 2013

Oct. 30, 2013

Complaint

Docket

Last updated Aug. 30, 2023, 2:46 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Hawaii

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Oct. 30, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a Hawaii state legislator opposed to passage of marriage equality legislation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Hawaii, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

None

Issues

General:

Marriage

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation