LGBT history in Hawaii facts for kids
In Hawaii, the laws about LGBT (lesbian, gay, bisexual, and transgender) rights have changed a lot over time. Long ago, before the 1800s, Polynesian culture in Hawaii was very open-minded about different kinds of relationships. As the 1900s began, important decisions about LGBT rights started to be made in the Supreme Court. A big change happened in 2013 when Hawaii allowed same-sex marriage, and couples could get marriage licenses.
Early Hawaiian Culture and Laws
Life Before the 1800s
In the old Polynesian culture that came to Hawaii, there were people called māhū. These individuals were seen as a special "third gender," different from just male or female.
Also, "aikāne relationships" were common and accepted. These were close friendships or partnerships between people of the same sex.
Changes in the 1800s
When the first Christian missionaries arrived in Hawaii, they encouraged people to become Christian. They also wanted people to follow Christian rules about how to live.
King Kamehameha III was one of the people who converted. In 1833, new rules called the "Blue Laws" were put in place. These laws stopped many activities that were common for Hawaiians. Later, in 1844, more laws were made that made certain behaviors illegal.
Key Changes in the 1900s
Early 1900s Legal Decisions
At the start of the 1900s, the Supreme Court made many decisions about laws. For example, in 1900, a case called Ex Parte Edwards showed that trials had to follow U.S. law.
Later, in 1949, a "disorderly conduct" law was passed. This law made it illegal to ask for certain things in public.
Laws Change: 1970 to 1989
In 1972, Hawaii's criminal laws were updated a lot. Many old rules were removed or changed. For example, the law about "disorderly conduct" was changed, and an old law called "crime against nature" was removed.
Then, in 1978, the state constitution was changed. For the first time, it included a right to privacy for everyone.
Marriage Rights Debate: 1990 to 1994
On December 10, 1990, three same-sex couples tried to get marriage licenses in Hawaii. When they were told no, they sued the state. This led to a famous court case called Baehr v. Miike.
The couples argued that denying them marriage was unfair and against the constitution. In 1993, the Hawaii Supreme Court said that while the constitution didn't specifically say same-sex marriage was a right, denying it was a type of sex discrimination. The court sent the case back to a lower court to be looked at again.
Legal Battles Continue: 1995 to 1999
In 1996, Judge Kevin K.S. Chang ruled in the Baehr v. Miike case that the state had not shown a good reason to deny marriage licenses to same-sex couples. He said the state should allow them to marry. However, he paused his ruling, knowing the case would be appealed.
In 1997, Hawaii created "reciprocal beneficiary relationships." This was a new law that gave some legal rights to same-sex couples. It was meant to be an alternative to marriage while the court case continued.
In 1998, voters in Hawaii approved Constitutional Amendment 2. This amendment gave the Hawaii State Legislature the power to limit marriage to only opposite-sex couples.
Because of this amendment, on December 9, 1999, the Hawaii Supreme Court changed its earlier decision. It ruled that the new amendment meant the law limiting marriage to opposite-sex couples was now valid. This meant the couples in the Baehr v. Miike case could no longer get marriage licenses.
Hawaii in the 21st Century
Early 2000s Changes
In 2001, the Hawaii Legislature changed the age of consent from 14 to 16. The governor at the time, Ben Cayetano, tried to stop the bill, but the Legislature voted to pass it anyway. This was the first time they had done that in Hawaii's history.
In 2006, Joe Bertram became the first openly LGBT person to serve in the Hawaii State Legislature. He was a representative until 2011.
In 2009, a bill to allow "civil unions" for same-sex couples, called Hawaii House Bill 444, started to move through the Legislature. It passed in the House of Representatives but did not get approved by the Senate that year.
Marriage Equality: 2010 to Today
Hawaii House Bill 444 was still being debated in 2010. It finally passed on April 29, 2010. However, Governor Linda Lingle vetoed the bill on July 6. She believed that voters should decide on same-sex unions, not lawmakers.
The bill became a big topic in the next election for governor. Neil Abercrombie supported the bill, while Duke Aiona was against it. Abercrombie won the election.
With Abercrombie as governor and a Democratic majority in the Legislature, a new bill, Hawaii Senate Bill 232, was introduced. It passed the Senate on January 28, 2011. After a small change in the House, it passed there on February 11. The Senate then approved the changed bill on February 16.
Governor Abercrombie signed the bill into law on February 23, 2011. This law allowed civil unions for same-sex couples in Hawaii.
On May 3, 2010, during the debate over the civil unions bill, Blake Oshiro became the first openly gay majority leader in the House of Representatives. He was re-elected to his position.
A very special moment happened on December 17, 2013. Genora Dancel, one of the original people who sued for marriage rights back in 1990, legally married her partner, Kathryn Dennis. Their wedding took place in Honolulu at Aliiolani Hale, which is the Hawaii Supreme Court building. The judge who married them, Dan Foley, was the same lawyer who represented Genora Dancel in court in 1990. They were married exactly 23 years after Genora was first denied a marriage license.
