Case: Young v. Lingle

1CC10-1-001621 | Hawaii state trial court

Filed Date: July 29, 2010

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On July 29, 2010, Lambda Legal and the ACLU brought suit in Hawaii state court seeking declaratory and injuctive relief under multiple sections of the Hawaii Constitution. The suit was filed in response to outgoing Governor Lingle's veto of a bill (HB 444), which would have granted all state rights of spouses to committed, unmarried same- and opposite-sex couples. The suit sought declaratory and injuctive relief based on Hawaii Constitution Article 1, Sections 2, 3, 5, and 6, which Plaintiff claimed guaranteed Plaintiffs' rights to equal protection and due process regardless of sexual orientation.

On February 23, 2011, Hawaii Governor Abercrombie signed SB232 into law, with an effective date of January 1, 2012. SB 232 guaranteed same-sex couples the same rights and protections enjoyed by married couples.

On March 31, 2011, Lambda Legal and the ACLU of Hawaii voluntarily dismissed the lawsuit.

Same-sex marriage became legal in Hawaii in 2013.

Summary Authors

Chris MacColl (3/30/2014)

Priyah Kaul (11/27/2014)

People


Judge(s)

Crandall, Virginia L (Hawaii)

Attorney for Plaintiff

Alston, Paul (Hawaii)

Attorney for Defendant

Ferm, Dennis K. (Hawaii)

Kamelamela, Joseph Kalani (Hawaii)

Kishi, Robin M (Hawaii)

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Documents in the Clearinghouse

Document

1CC10-1-001621

Docket

April 6, 2011

April 6, 2011

Docket

1CC10-1-001621

Complaint for Declaratory and Injunctive Relief

July 29, 2010

July 29, 2010

Complaint

Resources

Docket

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

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DAMAGES filed by George K. Young, Jr. against all defendants. (Filing fee $ 350.) (Attachments: # 1 Civil Cover Sheet) (cc: HG) (afc) (Entered: 08/27/2007)

Aug. 24, 2007

Aug. 24, 2007

2

Summons Issued as to "All Known Defendants". (afc) (Entered: 08/27/2007)

Aug. 24, 2007

Aug. 24, 2007

4

Filing fee: $ 350.00, receipt number 240668 (afc) (Entered: 08/27/2007)

Aug. 24, 2007

Aug. 24, 2007

5

AMENDED SUMMONS in a Civil Action Issued as to "All Known Defendants". (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

6

SUMMONS Returned Executed by George K. Young, Jr. Defendant CHIEF OF POLICE LAWRENCE K. MAHUNA served on 8/27/2007 thru Henry Tavares, Police Major, Hawaii Police Department. Answer due 9/17/2007. (afc) (Entered: 09/04/2007)

Aug. 31, 2007

Aug. 31, 2007

7

SUMMONS Returned Executed by George K. Young, Jr. Defendant MAYOR HARRY KIM served on 8/27/2007 thru Carol A. Lau, Secretary to Mayor. Answer due 9/17/2007. (afc) (Entered: 09/04/2007)

Aug. 31, 2007

Aug. 31, 2007

10

SUMMONS Returned Executed by George K. Young, Jr. State of Hawaii served on 9/4/2007, answer due 9/24/2007; Linda Lingle served on 9/4/2007, answer due 9/24/2007. (bbb, ) (Entered: 09/13/2007)

Sept. 11, 2007

Sept. 11, 2007

11

SUMMONS Returned Executed by George K. Young, Jr. Mark J. Bennett served on 9/4/2007, answer due 9/24/2007. (bbb, ) (Entered: 09/13/2007)

Sept. 11, 2007

Sept. 11, 2007

12

SUMMONS Returned Executed by George K. Young, Jr. Harry Kim served on 9/4/2007, answer due 9/24/2007. (bbb, ) (Entered: 09/13/2007)

Sept. 11, 2007

Sept. 11, 2007

13

SUMMONS Returned Executed by George K. Young, Jr. Hilo County Police Department served on 9/4/2007, answer due 9/24/2007; Lawrence K. Mahuna served on 9/4/2007, answer due 9/24/2007. (bbb, ) (Entered: 09/13/2007)

Sept. 11, 2007

Sept. 11, 2007

14

MOTION to Dismiss Complaint for Damages filed August 24, 2007 by County of Hawaii, Harry Kim, Hilo County Police Department, Lawrence K. Mahuna. (Attachments: # 1 Memorandum in Support of Motion# 2 Certificate of Service)(Kamelamela, Joseph) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

15

NOTICE of Hearing on Motion. 14 Defendants County of Hawaii, Harry Kim, Hilo County Police Department, and Lawrence K. Mahuna's Motion to Dismiss Complaint for Damages, Filed August 24, 2007 is set for 11/13/2007 at 10:30 AM in Aha Nonoi before CHIEF JUDGE HELEN GILLMOR. (mrf) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

COURT'S CERTIFICATE of Service − a copy of 15 Notice of Hearing on Motion, has been served by First Class Mail to George K. Young, Jr. 1083 Apono PlaceHilo, HI 96720 on September 17, 2007. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (mrf) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

16

EO: The hearing on 14 Defendants County of Hawaii, Harry Kim, Hilo County Police Department, and Lawrence K. Mahuna's Motion to Dismiss Complaint for Damages, Filed August 24, 2007 is continued from 11/13/2007 to 11/19/2007 at 10:30 AM in Aha Nonoi before CHIEF JUDGE HELEN GILLMOR. (mrf) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

COURT'S CERTIFICATE of Service − a copy of 16 Notice of Hearing on Motion, has been served by First Class Mail to George K. Young, Jr. 1083 Apono Place Hilo, HI 96720 on September 17, 2007. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (mrf) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

17

MOTION to Dismiss Complaint for damages filed August 24, 2007 by State of Hawaii, Linda Lingle, Mark J. Bennett. (Attachments: # 1 Memorandum in support of motion# 2 certificate of service)(Savage, Christine) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

18

NOTICE of Hearing on Motion. 17 Defendants State of Hawaii, Linda Lingle, in her capacity as Governor of the State of Hawaii, and Mark J. Bennett's in his capacity as State Attorney General, Motion to Dismiss Complaint for Damages Filed August 24, 2007 is set for 11/19/2007 at 10:30 AM in Aha Nonoi before

Sept. 25, 2007

Sept. 25, 2007

20

SUMMONS Returned Executed by George K. Young, Jr. Linda Lingle served on 8/29/2007, answer due 9/18/2007. (bbb, ) (Entered: 09/26/2007)

Sept. 25, 2007

Sept. 25, 2007

21

SUMMONS Returned Executed by George K. Young, Jr. State of Hawaii served on 8/29/2007, answer due 9/18/2007; Mark J. Bennett served on 8/29/2007, answer due 9/18/2007. (bbb, ) (Entered: 09/26/2007)

Sept. 25, 2007

Sept. 25, 2007

22

STATEMENT of No Opposition re 17 MOTION to Dismiss Complaint for damages filed August 24, 2007 filed by County of Hawaii, Harry Kim, Hilo County Police Department, Lawrence K. Mahuna. (Attachments: # 1 Certificate of Service)(Kamelamela, Joseph) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

23

MEMORANDUM of Points and Authorities in Opposition to Defendants' 14 MOTION to Dismiss the (FED.R. CIV.P 12(b)(6); L.R. 7.2) filed by George K. Young, Jr. (Attachments: # 1 Cover Letter)(gab, ) (Entered: 10/30/2007)

Oct. 29, 2007

Oct. 29, 2007

24

Plaintiff George K. Young, Jr.'s MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION to Defendants' 14 and 17 Motion to Dismiss Complaint (Attachments: # 1 Transmittal Letter# 2 envelope documentation)(cc; HG) (bbb, ) (Entered: 11/02/2007)

Nov. 1, 2007

Nov. 1, 2007

25

REPLY re 23 Memorandum in Opposition to Motion filed by County of Hawaii, Harry Kim, Hilo County Police Department, Lawrence K. Mahuna. (Attachments: # 1 Certificate of Service)(Kamelamela, Joseph) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

26

REPLY re 17 MOTION to Dismiss Complaint for damages filed August 24, 2007 as Reply Memorandum in Support of Motion To Dismiss Complaint for Damages filed August 24, 2007 filed by State of Hawaii, Linda Lingle, Mark J. Bennett. (Attachments: # 1 certificate of service)(Savage, Christine) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

27

EO: The hearing on 14 Defendants County of Hawaii, Harry Kim, Hilo County Police Department, and Lawrence K. Mahuna's Motion to Dismiss Complaint for Damages, Filed August 24, 2007, and 17 Defendants State of Hawaii, Linda Lingle, in her capacity as Governor of the State of Hawaii, and Mark J. Bennett's in his capacity as State Attorney General, Motion to Dismiss Complaint for Damages Filed August 24, 2007, set for Monday, November 19, 2007 at 10:30 a.m., is vacated. Pursuant to Local Rule 7.2(d), the Court elects to decide the foregoing motions on the documents without a hearing. The Court will issue a written order. (CHIEF JUDGE HELEN GILLMOR)(mrf) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

COURT'S CERTIFICATE of Service − a copy of 27 Terminate Motion Hearing has been served by First Class Mail to George K. Young, Jr 1083 Apono Place Hilo, HI 96720 on November 9, 2007. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (mrf) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

28

Scheduling Conference Statement by State Defendants . (Attachments: # 1 certificate of service)(Savage, Christine) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

29

Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Kamelamela, Joseph) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

30

EO: re 3 Rule 16 Scheduling Conference set 11/19/07 at 9:00am before Judge Chang. Joseph Kamelamela to participate by phone. Frances from Mr. Kamelamela's office to notify all parties. (Judge KEVIN S.C. CHANG )(sna, ) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

31

EP: Rule 16 Scheduling Conference held on 11/19/2007. Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial set for 09:00 AM on 12/2/2008 before JUDGE HELEN GILLMOR. Final Pretrial Conference set for 10/21/2008 09:00 AM before JUDGE KEVIN S.C. CHANG. Final Pretrial Conference set for 11/21/2008 08:30 AM before JUDGE HELEN GILLMOR. Settlement Conference set for 8/7/2008 10:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 7/2/2008. Discovery due by 10/3/2008. ( C5 − no record, 9:00−9:05am.) (Judge KEVIN S.C. CHANG )(sna, ) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

32

RULE 16 SCHEDULING ORDER. Signed by Magistrate Judge KEVIN S.C. CHANG on November 19, 2007. (bbb, ) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

COURT'S CERTIFICATE of Service − a copy of 32 "RULE 16 SCHEDULING ORDER" has been served by First Class Mail to the addresses of record on 11/19/2007. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (bbb, ) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

33

ORDER GRANTING DEFENDANTS' 14 &17 MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT: "The Complaint fails to state a claim for deprivation of a federal right. For the foregoing reasons, Defendants' Motions to Dismiss, (Doc. 14 and 17), are GRANTED. All federal constitutional claims against Defendantsare DISMISSED WITH PREJUDICE. The case is now closed. IT IS SO ORDERED." Signed by Chief JUDGE HELEN GILLMOR on March 11, 2008. (bbb, ) (Entered: 03/11/2008)

March 11, 2008

March 11, 2008

34

CLERK'S JUDGMENT IN A CIVIL CASE. (afc) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

COURT'S CERTIFICATE of Service − a copy of 33 the ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT, and a copy of 34 the CLERK'S JUDGMENT IN A CIVIL CASE with its Notice of Electronic Filing ("NEF"), has been served on March 12, 2008 by First Class Mail to the address of record for George K. Young, Jr. Registered Participants of CM/ECF received the documents electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (afc) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

Case Details

State / Territory: Hawaii

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: July 29, 2010

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Six homosexual couples who have been in long-term committed relationships.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Lambda Legal

Public Interest Lawyer: Yes

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: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Female

Male