University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Temple v. Abercrombie PB-HI-0005
Docket / Court 1:11-cv-00790-JMS-KSC ( D. Haw. )
State/Territory Hawaii
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On December 28, 2011, two Hawaii-based religious organizations filed a lawsuit in United States District Court against the State of Hawaii. Plaintiffs, represented by private counsel, claimed that a law prohibiting discrimination against gay couples seeking space for their civil unions or marriages ... read more >
On December 28, 2011, two Hawaii-based religious organizations filed a lawsuit in United States District Court against the State of Hawaii. Plaintiffs, represented by private counsel, claimed that a law prohibiting discrimination against gay couples seeking space for their civil unions or marriages violated their First Amendment religious freedoms. Specifically, the plaintiffs claimed that Act 1, the Civil Union Act contained no exceptions for churches and other places of worship, and therefore violated the First Amendment rights of religious organizations whose doctrines made allowing gay marriages in their churches or houses of worship unacceptable.

On January 19, 2012, the case was stayed by agreement of the parties while the Hawaii legislature worked towards amendments to Act 1. On July 6, 2012, Governor Abercombie signed a law that amended Act 1 to exempt religious organizations for the requirement of non-discrimination in the use of space for civil unions.

On October 3, 2012, the case was dismissed for lack of subject matter jurisdiction. The judge held that the issue was not ripe for adjudication because the plaintiff had failed to show that they had standing to bring the suit and because they had failed to update the complaint to reflect the amendments to Act 1, which effectively resolved the primary dispute.

Chris MacColl - 03/11/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Free Exercise Clause
Discrimination-basis
Religion discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Type of Facility
Non-government non-profit
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Emmanuel Temple
State of Hawaii
Plaintiff Description Two religious organizations and their lead pastors
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)
1:11-cv-790 (D. Haw.) 10/03/2012
PB-HI-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/28/2011
PB-HI-0005-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for TRO 12/28/2011
PB-HI-0005-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Denial of Motion for Temporary Restraining Order 12/30/2011 (2011 WL 6935321) (D. Haw.)
PB-HI-0005-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Motion to Dismiss 07/27/2012
PB-HI-0005-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opposition to Motion to Dismiss 08/31/2012
PB-HI-0005-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Dismissing Case 10/03/2012 (903 F.Supp.2d 1024) (D. Haw.)
PB-HI-0005-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Seabright, John Michael (D. Haw.)
PB-HI-0005-0004 | PB-HI-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Luiz, Shawn A (Hawaii)
PB-HI-0005-0001 | PB-HI-0005-0005 | PB-HI-0005-0006 | PB-HI-0005-9000
Defendant's Lawyers Molay, John F. (Hawaii)
PB-HI-0005-0002 | PB-HI-0005-0003 | PB-HI-0005-9000
Other Lawyers None on record

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