State

§707-730 Sexual assault in the first degree

(1) A person commits the offense of sexual assault in the first degree if:

(a) The person knowingly subjects another person to an act of sexual penetration by strong compulsion;

(b) The person knowingly engages in sexual penetration with another person who is less than fourteen years old; or

(c) The person knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that:

(i) The person is not less than five years older than the minor; and

(ii) The person is not legally married to the minor.

Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices.

(2) Sexual assault in the first degree is a class A felony [R1.1].

State

On 23 February 2011, Governor Neil Abercrombie signed into law a bill allowing same-sex civil unions, making Hawaii the seventh US state to grant essentially the same rights as marriage to gay couples, commencing 01 January 2012 [L1.19], [R1.19].

Previously:

On 16 February 2011, the Senate passed the final version of a civil unions bill by an 18–5 vote. The bill will now go to Gov. Neil Abercrombie [R1.18], who will reportedly sign it into law on 24 February 2011. The provisions come into effect on 01 January 2012 [R1.17].

On 14 February 2011, the Senate accepted minor amendments to clarify that civil union partners could file state taxes jointly and get divorced in family court [R1.16].

On 11 February 2011, the House of Representatives passed a bill to legalize civil unions in the state with a vote of 31–19. The state Senate passed the same bill last month. Governor Neil Abercrombie is expected to sign the bill into law [R1.15]. Transmitted to Senate. The Bill will take effect 01 January 2012 if signed into law by the Governor [R1.14].

On 08 February 2011, the House judiciary committee approved civil unions legislation in a 11–2 vote [R1.13].

On 28 January 2011, the Senate passed the Bill SB 232 by a vote of 19 to 6. The bill establishes civil unions in Hawaii and grants unmarried couples more rights and benefits including tax benefits. The bill moves to the House where it is expected to pass. Governor Neil Abercrombie, D-Hawaii, has pledged to sign the measure [R1.12].

On 25 January 2011, the State Senate Judiciary Committee passed a civil unions bill (SB232 98.84kb) 3–2, bringing it another step closer to Governor Neil Abercrombie's desk where he said he will sign it. The bill offers the same benefits and responsibilities to unmarried gay couples that are given to married couples [R1.11].

In July 2010, Governor Linda Lingle vetoed the bill that would legalize same-sex civil unions in the state [R1.10].

On 29 April 2010, the House voted 31–20 in favor of the legislation that would grant gay and lesbian couples the same rights and benefits that the state provides to married couples if Republican Gov. Linda Lingle signs it into law [R1.9].

On 29 January 2010, the State House declined to vote on a bill that would have allowed same-sex civil unions, effectively doing away with the measure [R1.8].

On 22 January 2010, state Senate approved a bill that would legalize civil unions by a vote of 18–7. The state house will now consider the amended bill, HB 444 SD1 [R1.7].

In February 2009, the Senate Judiciary Committee voted 3–3 on new legislation that would allow gay and lesbian couples in Hawaii to form a civil union. The bill is likely to advance towards a full Senate vote [R1.6].

In February 2009, a new law that would allow gay and lesbian couples to form a civil union was approved by the state House of Representatives. The legislation will have to be approved by the state Senate and signed by the Governor before it becomes law [R1.5].

In January 2009, a draft bill to introduce same-sex civil unions had the support of 32 of Hawaii's 51 lawmakers, but had first to be approved by the House Judiciary Committee before being debated on the floor [R1.4].

In June 1999, the Public Employees Health Fund halted health coverage for unmarried partners of about 60 public employees and retirees as portions of the state's reciprocal beneficiaries law expired [R1.3].

In January 1999, Gov. Ben Cayetano proposed a Bill to replace the reciprocal benefits law and establish domestic partnerships, which would give gay couples many of the rights and benefits related to marriage while still withholding the title of marriage and excluding adoption and parental rights [R1.2].

In July 1997, the Reciprocal Beneficiaries law, was passed. Same-sex couples who make a "Declaration of reciprocal beneficiary relationship" now receive reciprocal benefits such as medical insurance, state pensions, inheritance rights and the right to sue for wrongful death [L1.1], [R1.1].

Courts & Tribunals

On 30 December 2011, US District Judge J. Michael Seabright denied a late bid by churches to delay commencement of Civil Unions Act 1 on 01 January 2012, noting that the “drastic” remedy of the preliminary injunction is unjustified because it was “based upon plaintiffs' planned refusal to make their facilities available” for civil union events [C2.3], [C2.2], [R2.1].

State

From July 2005 the law prohibited landlords from discriminating against gay men, lesbians, or transsexuals [R1.3].

In 1992 [R1.2], Hawaiian state law prohibited discrimination on the basis of sexual orientation in public and private employment [R1.1].

Courts & Tribunals

On 11 April 2013, Judge Edwin C Nacino in the First Circuit Court of Hawai'i ruled in favor of Diane Cervelli and Taeko Bufford finding that Aloha Bed & Breakfast discriminated against them by refusing them accommodation in 2007 [C2.3], [R2.2].

In September 2008, a gay couple who were denied housing for married couples at the University of Hawaii settled their dispute out of court [R2.1].

State

On 05 May 2011, Governor Neil Abercrombie signed House Bill 546 into law, prohibiting employers from discriminating on the basis of gender identity or expression in the workplace [R1.6].

On 18 April 2011, by a 45–4 vote, the House concurred with the Senate on a HB 546 SD1, a bill codifying prohibitions against discrimination in employment on the basis of gender identity. The bill now heads to Governor Abercrombie, who has said he will sign it into law [L1.5], [R1.4].

On 05 April 2011, the Senate voted 22–2 approving a bill previously passed by the House, to ban discrimination based on gender identity and expression in the workplace. The legislation will become law when signed by Democratic Governor Neil Abercromie [R1.3].

In April 2011, the Senate Judiciary Committee passed an anti-discrimination bill that would protect transgender people from discrimination against their gender expression in the workplace. The bill previously passed in the state House. The bill must be reconciled with the House version, but is expected to pass [R1.2].

From July 2005 the law prohibited landlords from discriminating against gay men, lesbians, or transsexuals [R1.1].

Previously:

The sex discrimination provisions of Hawaii law did not protect persons from discrimination based upon their self-selected gender [R2.1].

Courts & Tribunals

On 01 July 2002, the Hawaii Civil Rights Commissioners ruled that the commission can hear (employment) sexual discrimination complaints filed by transgendered or transsexual individuals [R2.1].

An appeal to the Circuit Court was expected.

State

In April 2003, on a vote of 39-8, the Hawaii house of representatives has sent a bill to the desk of Gov. Linda Lingle that would added the classification of "gender identity or expression" to the state's hate-crimes law [R1.4].

Previously:

In February 2003, the Hawaiian Senate Judiciary Committee has approved a measure to add "gender identity or expression" as a class covered by the state's hate-crimes law [R1.3]. The measure goes next to the full senate for consideration.

On 13 June 2001, Acting Governor Mazie Hirono signed the Bill into law giving longer sentences for felony crimes motivated by the victim's race, religion, disability, ethnicity, national origin or sexual orientation, race or religion [R1.2].

The law also calls for statistics to be kept for hate crimes [R1.2].

In May 2001, Gov. Ben Cayetano said today that he will sign the "hate crimes' bill [R1.1].

State

In 1973, Hawaii's anti-sodomy laws were repealed.

State

In July 1997, the Reciprocal Beneficiaries law, was passed. Same-sex couples who make a "Declaration of reciprocal beneficiary relationship" now have inheritance rights [L1.1]

State

A 1997 constitutional amendment permits, but does not require, the Legislature to prohibit marriages between same-sex couples.

Three anti-gay marriage bills were blocked in 1999.

Previously:

In November 1998, Hawaii took another step toward banning same-sex marriage, giving its Legislature the go-ahead to write a new law [R1.3].

In July 1997, registered cohabiting same-sex couples became eligible to receive reciprocal benefits such as medical insurance, state pensions, inheritance rights and the right to sue for wrongful death [R1.2].

In April 1997, a deal between Hawaiian politicians last week has scuttled any chance of same-sex marriages receiving legal backing, with gays and lesbians receiving only limited rights and benefits available to heterosexual couples [R1.1].

Courts & Tribunals

On 08 August 2012, Senior US District Judge Alan Kay in a 117-page decision, ruled that Hawaii's marriage laws reserving marriage to a man and a woman “are not unconstitutional”. The case will likely be appealed [C2.9], [R2.8].

On 21 February 2012, Governor Neil Abercrombie refused to defend a constitutional ban against gay marriage in the Jackson v. Abercrombie case. The state Attorney General’s office filed separate responses for both the governor and Health Department [C2.7], [R2.6].

On 07 December 2011, the complaint in Jackson v. Abercrombie was filed in the federal district of Hawai'i challenging the opposite-sex marriage requirement as violating the Due Process and Equal Protection Clauses of the Fourteenth Amendment [C2.5].

In December 1999, the Hawaii Supreme Court ruled that the Baehr v. Anderson (formerly Baehr v. Miike, formerly Baehr v. Lewin) case be dismissed as moot the plaintiff's complaint regarding the refusal to issue marriage licenses to same-sex couples but refused to overturn it's 1993 ruling [R2.4].

In January 1997, Deputy Attorney-General Rick Eichor appealed Judge Chang's Circuit Court ruling [R2.3].

In December 1996, Circuit Court Judge Kevin Change rejected all the arguments the State of Hawaii used to justify its laws banning same-sex marriage. He said the prohibition violates the State Constitution's equal protection clause. State attorneys in Hawaii successfully prevented gay and lesbian couples from legally marrying, after the judge put his ruling on hold while the State appeals [R2.2].

In September 1996, the Hawaiian Circuit Judge Kevin Chang heard opening statements in the same-sex marriage case [R2.1].

In 1993, the court ordered Hawaii to show compelling reasons for discrimination in only issuing marriage licences to straight couples [C2.1], [R2.1].

State

In June 2008, Hawaii was reported to be among the handful of states that have taken steps to afford specific civil rights protection to gay, lesbian, bisexual and transgender youth in foster care and juvenile detention [R1.1].

Courts & Tribunals

In December 2000, a lesbian couple in Hawaii became the first lesbian couple granted equal parental rights to their child [R2.1].

State

In July 1997, the Reciprocal Beneficiaries law, was passed. Same-sex couples who make a "Declaration of reciprocal beneficiary relationship" have the right to sue for wrongful death [L1.1]