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2013 Op. Haw. Att'y Gen. 1 (2013)

handle is hein.sag/saghi0047 and id is 1 raw text is: 




NEIL ABERCROMBIE                                                 DAVID M. LOUIE
   GOVERNOR                                                     ATTORNEY GENERAL

                                                                RUSSELL A. SUZUKI
                              STATE OF HAWAII                FIRST DEPUTY ATTORNEY GENERAL
                        DEPARTMENT OF THE ATTORNEY GENERAL
                                 425 QUEEN STREET
                               HONOLULu, HAwAII 96813
                                 (808) 586-1500

                            October  14, 2013


   The Honorable Les  Ihara, Jr.
   Senator, Tenth District
   The Twenty-Seventh  Legislature
   State of Hawaii
   State Capitol, Room  220
   415 South Beretania  Street
   Honolulu, Hawaii  96813

   Dear Senator  Ihara:

        Re:  Constitutional  Authority  of the Hawaii State
             Legislature  to Enact Legislation  Recognizing  Marriages
             Between  Two Individuals of  the Same Sex

        This letter  responds to your written  request, dated
   September 25,  2013, in which you  asked for an Attorney  General
   opinion on the  three questions presented  below.

        You informed  us that your questions  arise from  arguments
   made by opponents  of the marriage  equality bill circulated  by the
   Governor's Office  on September  9, 2013 (the Proposed  Bill).
   According to your  request, you note  that opponents  to the
   Proposed Bill  contend that it cannot  be enacted without  an
   amendment to  the Hawaii Constitution  that specifically  authorizes
   the Legislature  to pass the Proposed  Bill.  More specifically,
   you informed  us that opponents  to the Proposed Bill  base their
   position on  their conclusion that  article I, section  23, of the
   Hawaii Constitution  merely gives  the Legislature the  power to
   reserve marriage  to opposite-sex  couples and does not  grant it
   power to enact  a law recognizing  the right of same-sex  couples to
   marry.

   I.   QUESTIONS  PRESENTED

        A.   Whether  the Legislature  may enact legislation  that
   would recognize  marriages between  two individuals  of the same sex
   without the  electorate or the Legislature  amending  article I,
   section 23,  of the Hawaii Constitution;


Op. No.  13-1


52085s7_3.DOC

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