Tag Archives: State: Hawaii

Hawaii Free Press: Alliance Defending Freedom Legal Counsel Joseph La Rue speaks out regarding Hawaii Senate Bill 535 SD1 HD2, a proposed law that would make it illegal for any Hawaii family to fire or otherwise change the employment status of many incompatible nannies, babysitters, caretakers, and other domestic workers . . . The following quote may be attributed to Alliance Defending Freedom allied attorney James Hochberg . . .

Non-discrimination doesn’t mean anything goes. Being responsible enough to employ someone you trust to watch your baby or bathe your grandmother is not engaging in unlawful discrimination, and the Hawaii Legislature should know better.

LifeSiteNews: Phone calls made by LifeSiteNews to Mrs. Young’s business line were not immediately returned. But Jim Hochberg, an attorney with Alliance Defending Freedom who represented Mrs. Young in the case, said the ruling was a violation of his client’s freedom of speech and religion under the First Amendment. “The public needs to be aware of this decision because it has far-reaching consequences,” he told reporters Monday.

A Hawaii Circuit Court judge yesterday held that a bed-and-breakfast violated Hawaii’s public accommodation civil rights law when its owner, apparently for reasons of religious belief, refused to provide lodging to a lesbian couple.

Hawaii Reporter: The Hawaii State Senate in 2010, after a lawsuit and threat of additional actions, discontinued its voluntary daily prayer prior to the start of each Legislative Session as had been the tradition since Territorial days of Hawaii. In January, 2013, the Senate announced it was reinstating voluntary prayer, but with new “guidelines.” In February, the prayer gave way to a strict “Moment of Contemplation,” limited to 90 seconds prior to the start of the Senate Session. Not all Senators have participated. Republican State Senator Sam Slom (9th-Oahu), who has taken it upon himself to deliver a closing daily session prayer since 2010, including “God,” had his turn today to deliver the “Contemplation.” Here is his “moment” for his Senate colleagues and the public . . .

Education News: The split is the result of chronic differences over money, support and communications, not only between UHPA and NEA, but between UHPA and HSTA, who often do not see eye-to-eye on union issues. In a February 2012 memo, UHPA executive director J.N. Musto laid out the arguments for disaffiliation that centered on value added for money spent.

Hawaii Family Forum: Today, around 150 people gathered at the capitol to demand what they are calling “marriage equality” (another name for redefining marriage.) Tomorrow, (February 12, 2013) they plan to visit the capitol all day. The timing is critical because if nothing happens by Wednesday, than the issue will be off the table for this legislative session. That’s why the push is happening so strongly all of a sudden.

Star Advertiser: The state House Judiciary Committee has decided not to schedule a hearing for a bill that would legalize gay marriage, which means the issue is likely tabled for this legislative session.

Star Tribune: Freedom to Marry plans to spend cash in Delaware, Hawaii, Illinois, New Jersey, Rhode Island as well as Minnesota.

Hawaii Reporter: James Hochberg is an Alliance Defending Freedom allied attorney, local counsel for Hawaii Family Forum in its defense of Hawaii’s marriage laws in federal court, and president of Hawaii Family Advocates. He previously served as one of seven commissioners on the Hawaii Commission on Sexual Orientation and the Law.

Religion Clause Blog: In Oklevueha Native American Church of Hawaii v. Holder, (D HI, Dec.31, 2012), an Hawaii federal district court, in a case on remand from the 9th Circuit (see prior posting), permitted a church’s Religious Freedom Restoration Act claim to proceed to challenge enforcement of the federal drug laws.

Eric Metaxes at the Christian Post: When we see bullying tactics being employed during the holidays, we ought to direct the victims to religious rights groups like the Becket Fund for Religious Liberty, or the Alliance Defending Freedom. They take on religious hostility cases with great gusto and, I might add, with great success.

Religion Clause Blog: Newly elected Senator Mazie Hirono (D-Hawaii) will become the only new member of the Senate Judiciary Committee during the next session of Congress, the Senate Democratic Steering Committee announced Wednesday.

Hawaii News Now: A threatened lawsuit had put a halt to what’s become a Christmas tradition for members of the Moanalua High School orchestra. For the past six years, the award-winning group and volunteers from the New Hope Church have raised more than $200,000 for a charity that treats poor people in Africa.

CivilBeat: The Hawaii Family Forum’s attorney, Jim Hochberg, said he believes members of the Legislature know that most of the people in Hawaii want to preserve marriage between a man and a woman. “So, I think they could smartly respond one of either two ways,” he said. “One, they could say that it is in the courts, so let’s wait to see what the courts say. Alternatively, they could say that they not do want to vote directly on this, so let’s let the people decide. That way the Legislature does not get blamed.”

SB Sun: Coming off successful measures legalizing gay marriage in Maine, Maryland and Washington, gay rights activists are targeting:

— Oregon and Hawaii in the West;
— Minnesota and Illinois in the Midwest;
— New Jersey, Delaware and Rhode Island in the Northeast.
All of those states except Minnesota already allow civil unions. All are near other U.S. states which now allow gay marriage.

Politico: Advocates have identified Oregon, Rhode Island, Delaware, Minnesota, Colorado, Hawaii and New Jersey as states where they believe that as early as 2014 they’ll see gay marriage legalized through ballot measures, court decisions or state legislative action.

Religion Clause Blog: Yesterday’s Huffington Post reports that Tulsi Gabbard, the first Hindu elected to the U.S. Congress, will take her oath of office in January using the Bhagavad Gita, a sacred Hindu text.

NY Times: They are also preparing for what they hope will be another milestone: the electoral reversal of a constitutional amendment defining marriage . . . campaigners see the potential for legislative gains in Delaware; Hawaii; Illinois; Rhode Island; Minnesota, where they beat back a restrictive amendment last Tuesday; and New Jersey, where Gov. Chris Christie vetoed a bill to legalize same-sex marriage in February . . .

Religion Clause Blog: In United States v. Martines, 2012 U.S. Dist. LEXIS 160719 (D HI, Nov. 8, 2012), defendant, who was charged with conspiracy to manufacture and possess with intent to distribute over 100 marijuana plants, sought a continuance in order to secure the testimony of an expert on the Rastafarian religion.

Religion Clause Blog: In Emmanuel Temple, The House of Praise v. Abercrombie, 2012 U.S. Dist. LEXIS 157950 (D HI, Oct. 2, 2012), a Hawaii federal district court dismissed a constitutional challenge to Hawaii’s Civil Unions Law. Plaintiffs complained that the Act chills their free exercise of religion because it does not exempt churches from Hawaii’s anti-discrimination laws.

Austin R. Nimocks on the Zeb Bell Show to discuss the recent Hawaii marriage ruling. | MP3 audio 10:56 mins

Jim Hochberg at the Honolulu Star Advertiser (subscription only): Why is government in the marriage business? A federal judge answered that question Aug. 8 consistently with how it’s long been answered: Government can “rationally conclude that, other things being equal, it is best for children to be raised by a parent of each sex.” . . .

Thomas Messner at Heritage Foundation: Hawaii’s definition of marriage as one man and one woman was also defended by the Hawaii Family Forum, an intervening defendant represented by the national public interest law firm Alliance Defending Freedom (formerly the Alliance Defense Fund).

Alan Sears at The Alliance Defending Freedom Blog: In a day when elected officials and activist judges in many states across America are maneuvering to undermine the traditional and legal meaning of marriage, the clear thinking of a federal court in Hawaii is as refreshing as an island breeze.

Baptist Press: The Hawaii Family Forum, a Christian educational organization, had intervened in the case to defend Hawaii’s marriage statutes, and its attorney, Jim Hochberg, said he was pleased Kay “agreed with every argument,” except one, “made on behalf of” the forum . . . Because of Hawaii Family Forum’s history in publically defending traditional marriage, Kay “allowed HFF to intervene and defend the marriage statute,” Hochberg said. To get the forum intervenor status, Hochberg sought help from the Alliance Defending Freedom, formerly the Alliance Defense Fund, a Christian-based organization that provides legal defense against attacks on religious freedom, to get the forum.

SCOTUS Blog: Ruling that the Supreme Court settled the issue forty years ago, a federal judge in Hawaii has declared that same-sex couples do not have a constitutional right to get married. In a 117-page ruling (found here), Senior U.S. District Judge Alan C. Kay concluded on Wednesday that the Supreme Court’s summary ruling in 1972 in Baker v. Nelson controlled the question. But even if it did not, the judge added, a state ban on gay marriages satisfies the minimum level of constitutional analysis.

Citizen Link: Wednesday’s ruling affirms the importance of protecting and strengthening marriage as the union of one man and one woman, according to Alliance Defending Freedom Legal Counsel Dale Schowengerdt. “The people of Hawaii adopted a constitutional amendment to uphold marriage, and the court rightly concluded that the democratic process shouldn’t be short-circuited by judicial decree,” Schowengerdt said. ADF Litigation Counsel Holly Carmichael described the 120-page decision as “very well-reasoned and thought-out.” “The point of the decision — that marriage is between one man and one woman — is a completely rational and good thing for society,” she said. “It re-emphasizes what we have known for so many years.”

LifeSiteNews: Alliance Defending Freedom attorneys defended the law and the amendment on behalf of Hawaii Family Forum, which the court allowed to intervene in the case in April. “This ruling affirms that protecting and strengthening marriage as the union of one man and one woman is legitimate, reasonable, and good for society,” said Legal Counsel Dale Schowengerdt. “The people of Hawaii adopted a constitutional amendment to uphold marriage, and the court rightly concluded that the democratic process shouldn’t be short-circuited by judicial decree.”

Holly Carmichael appeared on Hawaii Public Radio to discuss the Hawaii marriage ruling in Jackson v. Abercrombie. | MP3 audio mins 2:57 mins

Michael Foust at Baptist Press: Alliance Defending Freedom (ADF) represented the Hawaii Family Forum in defending the law. Hawaii Family Forum was allowed to intervene after Hawaii Gov. Neil Abercrombie, a Democrat, refused to defend the law in court. “This ruling affirms that protecting and strengthening marriage as the union of one man and one woman is legitimate, reasonable, and good for society,” ADF attorney Dale Schowengerdt said in a statement. “The people of Hawaii adopted a constitutional amendment to uphold marriage, and the court rightly concluded that the democratic process shouldn’t be short-circuited by judicial decree.”

Ed Whelan at National Review: Via William Duncan at the Corner, I’ve learned of this strong and sound ruling yesterday in Hawaii by senior federal district judge Alan C. Kay holding that there is no federal constitutional right to same-sex marriage . . . Because the proper exercise of rational-basis review has been so rare of late in the marriage context, I’m going to briefly outline Judge Kay’s reasoning . . . Congratulations to the ADF team that stepped in to help defend Hawaii’s marriage law after governor Neil Abercrombie declined to do so.

Religion Clause Blog: Hawaii has enacted a law providing for civil unions that give partners all the same state legal rights as married couples. AP reports on the decision. Alliance Defending Freedom links to the pleadings in the case.

Fox News (AP): “The ruling affirms that protecting and strengthening marriage as the union of one man and one woman is legitimate, reasonable, and good for society,” said Dale Schowengerdt, an attorney representing Hawaii Family Forum.

Honolulu Civil Beat: A U.S. District Court judge in Honolulu has rejected arguments from two lesbians who said that Hawaii’s 1998 ban on same-sex marriage is unconstitutional. (ruling is embedded in the article)

his ruling affirms that protecting and strengthening marriage as the union of one man and one woman is legitimate, reasonable, and good for society. The people of Hawaii adopted a constitutional amendment to uphold marriage, and the court rightly concluded that the democratic process shouldn’t be short-circuited by judicial decree.

The Aug. 3 letter from Chief Judge Kozinski to Senators Sessions and Grassley.

HawaiiNewsNow: A federal judge has ordered that four Hawaii women be allowed to marry their incarcerated fiancés.

Available for media interviews following Schowengerdt’s oral argument in favor of a motion for summary judgment in Jackson v. Abercrombie, a legal attack on Hawaii’s marriage laws

WorldNetDaily Reports: Cold Case Posse lead investigator Mike Zullo said the new information confirms the document presented to the American public in April 2011 is undoubtedly fraudulent.

Hawaii Reporter: Former Lt. Gov. James “Duke” Aiona will emcee the event, that also includes an extensive array of speakers, including Very Rev. Gary Secor (Vicar General from the Roman Catholic Diocese), Kahu Curt Kekuna (Kawaihao Church), Pastor Kuna Sepulveda (Word of Life Christian Center), Pastor Kelekona Bishaws (Real Life Christian Center), Dr. Russell Stewark (The Ark Christian Center), Jerry Coffee (Hanoi Hilton Survivor), Jim Hochberg (local Alliance Defense Fund attorney), Frtiz Rohlfing (Attorney and member of the LDS, Brad Dacus (founder of the Pacific Justice Institute), and Steven H. Aden (Alliance Defense Fund, Senior Legal Counsel).

AP: Here’s a look at the 10 states with the lowest funding percentages in 2010, according a new report from the Pew Center on the States . . .

Honolulu Star Advertiser: Gov. Neil Abercrombie appointed this afternoon Circuit Judge Richard Pollack to a 10-year term to the Hawaii Supreme Court.

AZ Republic: A Hawaii official sent Bennett’s office verification of birth for President Obama on Tuesday, according to both Bennett and Hawaii officials.

Hawaii News Now reports.

Wall Street Journal: On Sunday, the Hawaii attorney general’s office said information Mr. Bennett provided “did not meet the requirements under Hawaii law” and the state “invited him to provide additional legal authority.”

Washington Post: He added that Hawaii officials had responded with a request of its own, asking Bennett to cite the state laws authorizing him to make such a request. Bennett said his office responded via e-mail and that he has not heard back from Hawaii officials for two months.
“All they’ve got to do is email me back saying ‘yes’ and it’s over,” he said. “But they haven’t for eight weeks, and I’m just stunned that they’re making this so hard.”

WorldNetDaily: Secretary of State Ken Bennett had promised to ask Hawaii officials for verification of Obama’s documentation, vowing that if answers are not forthcoming, Obama’s name will not be on the ballot.

eTurboNews: The American Civil Liberties Union of Hawaii Foundation (ACLU) filed a lawsuit in US District Court today for denying marriage applications from four women who want to wed their fiancés who are serving time in prison.

eTurboNews.com: With free legal assistance from National Right to Work Foundation staff attorneys, two Honolulu Hilton employees have filed federal unfair labor practice charges against the UNITE HERE Local 5 union.

Religion Clause Blog: The Hawaii Senate Finance Committee is considering a bill to appropriate $100,000 to implement the settlement in the case.

The Advocate: Hawaii Family Forum is represented by the antigay Alliance Defense Fund, which has been involved in legal battles over marriage equality across the country.

KITV.com: The judge made the ruling after an Alliance Defense Fund attorney representing Hawaii Family Forum argued in favor of granting a motion that attorneys filed in March.

Judge grants ADF motion to allow Hawaii Family Forum to defend marriage in lawsuit

Available for media interviews following Carmichael’s oral argument in favor of Hawaii Family Forum’s motion to intervene in Jackson v. Abercrombie, a legal attack on Hawaii’s marriage laws

BioEdge: A group of Hawaii doctors is offering to write prescriptions for terminally ill patients in order to test whether physician-assisted suicide is permitted under state law, American Medical News reports.

MySanAntonio.com: Hawaii will pay $100,000 to settle a lawsuit by a protester who was dragged out of the state Senate when he objected to a prayer.

Citizen Link: “Society should protect and strengthen marriage, not undermine it as this lawsuit clearly seeks to do,” said ADF Litigation Counsel Holly Carmichael. “Anyone who believes so-called civil unions will preserve marriage need only look at this lawsuit and countless others. Civil unions are a Trojan horse used by activists to undermine marriage, not protect it. Hawaii’s marriage statute and constitutional amendment uphold marriage, and we are seeking to give those protections an adequate defense.”

One News Now: “Society should protect and strengthen marriage, not undermine it as this lawsuit clearly seeks to do,” Carmichael contends. “Anyone who believes that civil unions will preserve marriage need only look at this lawsuit and countless others. Civil unions are a Trojan horse used by activists to undermine marriage, not protect it. Hawaii’s marriage statute and constitutional amendment uphold marriage, and we are seeking to give those protections an adequate defense.”

CNA: A Hawaiian lawsuit asking a federal court to instate “gay marriage” shows that the recognition of same-sex domestic partnerships and civil unions is just a stepping stone to redefining marriage, several critics say. (ADF Attorney Holly Carmichael and ADF Allied Attorney Jim Hochberg quoted at length)

ADF seeks to intervene on behalf of Hawaii Family Forum to defend marriage against lawsuit

MauiNews.com: Gov. Neil Abercrombie on Tuesday told a federal court that Hawaii law denies federal constitutional rights to same-sex couples who want to marry.

ADF Allied Attorney James Hochberg at the Hawaii Free Press: The Hawaii Legislature is currently considering the “Hawaii Safe Schools Act,” which claims to target bullying and harassment at schools. In reality, it is a mechanism for imposing a pro-homosexual, state-mandated orthodoxy on students and teachers. | Also carried in the Honolulu Star Advertiser (login)

The Volokh Conspiracy: So held the Hawaii Supreme Court, in Hamilton ex rel. Lethem v. Lethem (Haw. Feb. 7, 2012), interpreting the Hawaii Constitution, though in reasoning that could be seen as applicable to the federal Constitution and to other state constitutions . . .

Catholic Culture: A state law in Hawaii may form the basis for a compromise between the Obama administration and the US Catholic bishops on the mandate to include contraceptive coverage in health-care plans.

CNET News: Hawaii’s legislature is weighing an unprecedented proposal to curb the privacy of Aloha State residents: requiring Internet providers to keep track of every Web site their customers visit.

Greeley Gazette: While the exemptions state that no one is required to certify the partnership, the question is; does that apply to an equal access use of the church, synagogue or mosque’s facilities? Some homosexual activist groups are saying that when the church opens up its facilities it is engaging in commerce and becomes subject to anti-discrimination laws.

U.S. District Judge Michael Seabright denied this afternoon a request by two churches for a restraining order to block a law that goes into effect Sunday permitting same-sex couples to enter civil unions.

ADF at LifeNews.com: Depressed patients need understanding and sound medical treatment, not encouragement to kill themselves. State law reflects this, and no one should believe the recent falsehoods that pro-death proponents have spread about the law. The Hawaii attorney general has clearly concluded that state law does not permit doctor-prescribed death and that any physician who participates in it can be prosecuted,” said Honolulu attorney Jim Hochberg, one of nearly 2,100 attorneys in the ADF alliance.

WorldNetDaily: “Depressed patients need understanding and sound medical treatment, not encouragement to kill themselves. State law reflects this, and no one should believe the recent falsehoods that pro-death proponents have spread about the law. The Hawaii attorney general has clearly concluded that state law does not permit doctor-prescribed death and that any physician who participates in it can be prosecuted,” said Honolulu attorney Jim Hochberg, one of nearly 2,100 ADF attorneys.

ADF Allied Attorney Jim Hochberg appeared on the Michael Medved Show to discuss the suit in Hawaii that lesbians have filed against a bed and breakfast. | MP3 audio 33:53 mins

NYTimes.com: And the Republican Party suddenly has a shot of picking up a United States Senate seat that has been in Democratic hands for more than 30 years, with the announcement by Linda Lingle, a Republican former governor, that she will seek the seat held by Senator Daniel K. Akaka, the retiring Democrat.

Doctor-prescribed death is illegal under Hawaii law despite what a pro-death group has argued, according to a newly authored legal opinion issued by Hawaii Attorney General David Louie to Sen. Josh Green, M.D.

Education News: Hawaii’s Charter School Review Panel has “misinterpreted state law and minimized its role in the system’s accountability structure”, says an audit of the state’s charter school system, writes Katherine Poythress at Honolulu Civil Beat.