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. ยง 1983
Defendant(s) Emmanuel Temple
State of Hawaii
Plaintiff Description Two religious organizations and their lead pastors
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
Case Ongoing No
Additional Resources
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Links William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
1:11-cv-790 (D. Haw.)
PB-HI-0005-9000.pdf | Detail
Date: 10/03/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PB-HI-0005-0001.pdf | Detail
Date: 12/28/2011
Source: PACER [Public Access to Court Electronic Records]
Motion for TRO [ECF# 4]
PB-HI-0005-0006.pdf | Detail
Date: 12/28/2011
Source: PACER [Public Access to Court Electronic Records]
Denial of Motion for Temporary Restraining Order [ECF# 12] (2011 WL 6935321) (D. Haw.)
PB-HI-0005-0005.pdf | WESTLAW | Detail
Date: 12/30/2011
Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Motion to Dismiss [ECF# 21-1]
PB-HI-0005-0002.pdf | Detail
Date: 07/27/2012
Source: PACER [Public Access to Court Electronic Records]
Opposition to Motion to Dismiss [ECF# 23]
PB-HI-0005-0003.pdf | Detail
Date: 08/31/2012
Source: PACER [Public Access to Court Electronic Records]
Order Dismissing Case [ECF# 26] (903 F.Supp.2d 1024) (D. Haw.)
PB-HI-0005-0004.pdf | WESTLAW| LEXIS | Detail
Date: 10/03/2012
Source: PACER [Public Access to Court Electronic Records]
Judges Seabright, John Michael Court not on record
PB-HI-0005-0004 | PB-HI-0005-9000
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

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