LGBT rights in Hawaii
|Status||Legal since 1973|
|Gender identity||Yes, transgender people allowed to change gender|
|Discrimination protections||Both sexual orientation and gender identity and expression. (see below)|
|Recognition of relationships||Same-sex marriage since 2013;|
Civil unions since 2012;
Reciprocal beneficiary relationships since 1997
|Adoption||Yes, both joint and stepchild adoption|
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Hawaii enjoy all of the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1973; Hawaii being one the first six states to legalize it. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaiian laws prohibit discrimination on the basis of both sexual orientation and gender identity. The use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.
Same-sex relationships have been part of Hawaiian culture for centuries. The term aikāne refers to homosexual or bisexual relationships, which were widely accepted in pre-colonial Hawaiian society, and the term māhū refers to a "third gender" alongside male and female. The Christian missionaries, who arrived in the 19th century, were adept in converting the local population to Christianity. As a result, the first ever anti-gay law was enacted in 1850, prohibiting sodomy with 20 years hard labor. During the 1960s and onwards, LGBT rights entered into the public eye, which was followed by multiple pro-LGBT rights reforms, including the repeal of the sodomy law.
In modern times, Hawaii is notable for its LGBT-friendliness, with several establishments, accommodations, and festivals catering especially for gay tourists and couples. Recent opinion polls have found that same-sex marriage enjoys very high levels of support.
- 1 History
- 2 Law regarding same-sex sexual activity
- 3 Recognition of same-sex unions
- 4 Adoption and parenting
- 5 Discrimination protections
- 6 Hate crime law
- 7 Gender identity and expression
- 8 Conversion therapy
- 9 Gay and trans panic defense
- 10 Public opinion and demographics
- 11 Summary of LGBT rights
- 12 See also
- 13 References
Prior to European contact, same-sex relationships existed in the form of aikāne, an accepted tradition for both men and women in pre-colonial Hawaiian society. Likewise, the māhū formed a "third gender" role in Hawaiian culture, notably as priests and healers. The religious missionaries converted the local Hawaiians to Christianity and spread their moral ideals to the population, resulting in the introduction of negative attitudes towards homosexuality.
Although the first specific sodomy law in Hawaii was enacted in 1850, statutes passed in 1840 allowed villages to prosecute "any particular evils" against which no law existed. The 1850 anti-sodomy statute established a penalty of up to 20 years hard labor and a fine of $1,000. It punished both heterosexual and homosexual conduct, and applied to consensual adults as well. The first recorded sodomy case occurred in 1898 in the case of Republic of Hawaii v. Edwards. In the 1922 case of Territory v. Wilson, the Hawaii Supreme Court unanimously ruled that fellatio (oral sex) was a "crime against nature". The last recorded sodomy case happened in 1958, in Territory v. Bell, in which the state Supreme Court unanimously confirmed that heterosexual sodomy was also a criminal offense.
Law regarding same-sex sexual activity
Hawaii repealed its sodomy law in April 1972, and revised its sex offences laws in 1986 following a Supreme Court ruling which defended a Georgia ban on sodomy. The original sodomy law repeal was effective from the beginning of 1973.
The age of consent for homosexual activity was orginially different to that of heterosexual activity. In 1986, the Hawaii State Legislature lowered the age of consent to 14, regardless of gender or sexual orientation. In 2001, it was raised to 16.
Recognition of same-sex unions
Same-sex marriage legislation
On September 9, 2013, Governor Neil Abercrombie announced that he was calling the Hawaii State Legislature into special session on October 28 to consider a same-sex marriage bill. The bill had wide support in the Senate as well as the required majority in the House. If approved, the bill would take effect on November 18.
On October 28, the Senate Committee on Judiciary and Labor passed the same-sex marriage legislation in a 5-2 vote, sending the bill to a full Senate vote. On October 30, the Senate approved the legislation in a 20-4 vote, sending the bill to the House. On October 31, the bill was debated by both the House Committee on Judiciary and the House Committee on Finance. The House, following extensive public debate and an attempted "citizens' filibuster" of the legislation, voted 30–19 on November 8 in favour of the legislation. The bill returned to the Senate for approval of House amendments which expanded religious exemptions, and the Senate provided final legislative approval on November 12, voting 19–4 for passage to the desk of the Governor. Governor Neil Abercrombie signed the bill into law on 13 November; same-sex couples began marrying on December 2, 2013.
History prior to same-sex marriage
Hawaii's denial of marriage licenses to same-sex marriage couples was challenged in court in 1993. In 1994, the state enacted a statute banning same-sex marriage. In November 1998, the voters of Hawaii voted 69 percent in favor of Hawaii Constitutional Amendment 2, which amended the State Constitution to allow the Legislature to ban same-sex marriage. The constitutional amendment led the Hawaii Supreme Court to dismiss the lawsuit.
Hawaii established reciprocal beneficiary relationships, a limited form of civil unions, for both same-sex and opposite-sex couples in 1997. Numerous legislative attempts to enact fuller civil unions equivalent with other jurisdictions' civil unions and domestic partnerships failed.
Governor Linda Lingle vetoed a civil union law in 2010. Governor Neil Abercrombie signed the same legislation on February 23, 2011, the first law he signed as governor. The law went into effect on January 1, 2012.
Hawaii has provided benefits to same-sex partners of state employees since 1997.
Adoption and parenting
Hawaii allows all couples, including same-sex couples to adopt. Additionally, lesbian couples can get access to IVF and artificial insemination treatment and surrogacies are allowed for gay male couples as well.
Hawaii law explicitly prohibits discrimination based on both sexual orientation and gender identity or expression in employment, public accommodations and housing.
The discrimination protections for sexual orientation in employment were added in 1991. In 2005, protections were extended to housing and in 2006 to public accommodations, both for sexual orientation and gender identity or expression. In 2011, gender identity or expression protections were extended to employment.
Moreover, the state's anti-bullying law prohibits bullying on the basis of race, color, national origin, sex, gender identity and expression, religion, physical and mental disability, sexual orientation, physical appearance and characteristic and socio-economic status. The law also explicitly includes cyberbullying and harassment, and applies to all public elementary schools and secondary school premises.
In July 2018, the Hawaii Legislature passed a bill, which was then signed into law by the Governor of Hawaii, to further protect all students under the explicit "Title IX clause", meaning that Hawaii now has some of the strongest legal protections for LGBT students in the United States. The law went into effect on January 1, 2019.
Hate crime law
Hawaii has a law that addresses hate crime protection for both actual and/or perceived sexual orientation and gender identity or expression.
According to the statute:
- Sexual orientation is defined as heterosexuality, homosexuality or bisexuality and those "having a history of any one or more of these preferences or being identified with any one or more of these preferences."
- Gender identity or expression "includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self image, gender-related appearance, or gender-related expression; regardless of whether that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth."
Gender identity and expression
Previously, Hawaii's Department of Health issued a new birth certificate to a post-operative transsexual only upon receipt of a physician's affidavit verifying that the registrant had undergone sex reassignment surgery. On May 5, 2015, the Hawaii Legislature passed a bill to allow transgender people to change their gender on their birth certificates without undergoing such surgery. Hawaii Governor David Ige signed the bill into law on July 14, 2015, and the legislation went into effect immediately.
Since July 1, 2016, Hawaii has also banned discrimination against gender identity or expression within insurance contracts. This also includes insurance coverage of sex reassignment surgeries.
In May 2019, the Hawaii State Legislature under conference committee (House vote passed by voice vote and Senate vote 24-1) passed a bill to add "gender X" as an option on both driver's licenses and birth certificates. On June 26, 2019, Hawaii's Governor David Ige signed the bill into law, adding gender options other than "male" and "female" on application forms for driving licenses and state IDs. The legislation will be applicable from July 1, 2020.
In April 2018, both the Hawaii House of Representatives and the Hawaii Senate passed a bill that legally bans conversion therapy on minors. Due to different versions, the House and the Senate convened in a conference committee.
In May 2018, the conference committee passed one version of the bill into a single concise format that was unanimously agreed to and the bill was subsequently signed into law by Governor David Ige. The law went into effect on July 1, 2018.
Gay and trans panic defense
In April 2019, the Hawaii State Legislature passed a bill to abolish and repeal the gay and trans panic defenses. Due to different versions of the bill within each legislative chamber, a conference committee had to be set up to pass both versions of the bill, which it did on April 26. The bill was signed into law two months later on June 26, 2019 by Governor David Ige and went into effect immediately.
Public opinion and demographics
A 2017 Public Religion Research Institute (PRRI) opinion poll found that 68% of Hawaii residents supported same-sex marriage, while 20% opposed it and 12% were unsure. The same poll also found that 74% of Hawaiians supported an anti-discrimination law covering sexual orientation and gender identity, while 13% were opposed. Furthermore, 54% were against allowing businesses to refuse to serve gay and lesbian people due to religious beliefs, while 35% supported allowing such religiously-based refusals.
|% support||% opposition||% no opinion|
|Public Religion Research Institute||January 3-December 30, 2018||226||?||70%||22%||8%|
|Public Religion Research Institute||April 5-December 23, 2017||298||?||74%||13%||13%|
|Public Religion Research Institute||April 29, 2015-January 7, 2016||407||?||76%||21%||4%|
Summary of LGBT rights
|Same-sex sexual activity legal||(Since 1972)|
|Equal age of consent|
|Anti-discrimination laws in every area||(Both sexual orientation and gender identity or expression)|
|Same-sex marriage||(Since 2013)|
|Recognition of same-sex couples (e.g. civil unions)||(Since 1997)|
|Stepchild adoption by same-sex couples||(Since 2012)|
|Joint adoption by same-sex couples||(Since 2012)|
|Lesbians, gays and bisexuals allowed to serve openly in the military||(Since 2011)|
|Transgender people allowed to serve openly in the military|
|Right to change legal gender|
|Third gender option||(Effective from July 1, 2020)|
|LGBT anti-bullying law in schools and colleges|
|LGBT-inclusive sex education required to be taught in schools|||
|Gay and trans panic defense banned|
|Conversion therapy banned on minors||(Since 2018)|
|Intersex minors protected from invasive surgical procedures|
|Access to IVF for lesbians|
|Surrogacy arrangements legal for gay male couples|
|MSMs allowed to donate blood||/ (1 year deferral period; federal policy)|
- LGBT history in Hawaii
- LGBT rights in the United States
- LGBT rights in Oceania
- Same-sex marriage in Hawaii
- "Hawaii passes gay marriage: married same-sex couples soon eligible for federal benefits". Abcnews.go.com. December 14, 2012. Retrieved December 5, 2013.
- Hawaii and the LGBT Community
- Public opinion on same-sex marriage by state: Hawaii. PRRI – American Values Atlas.
- The History of Sodomy Laws in the United States - Hawaii
- William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201, available online, accessed April 9, 2011
- "The History of Sodomy Laws in the United States: Hawaii". Glapn.org. Retrieved December 5, 2013.
- "Sodomy laws in US states prior to 2003". Sodomy.org. January 28, 1998. Archived from the original on December 16, 2013. Retrieved December 5, 2013.
- "Gov. Abercrombie Calls Special Session on Marriage Equity". Governor of Hawaii. September 9, 2013.
- "Hawaii Legislature Has Votes to Pass Same-Sex Marriage". Civil Beat. September 6, 2013.
- SB1, Relating to Equal Rights, Hawaii Legislature
- Blair, Chad; Eagle, Nathan (October 29, 2013). "Hawaii Same-Sex Marriage Bill Passes Senate Panel". The Huffington Post. Retrieved October 30, 2013.
- Wendy, Osher (October 30, 2013). "Breaking: Same-Sex Marriage Bill Passes Senate in 20-4 Vote". Maui Now. Retrieved October 30, 2013.
- Lazo, Alejandro (November 9, 2013). "In Hawaii, 'Citizens' Filibuster' Targets Gay-Marriage Bill". Online.wsj.com. Retrieved December 5, 2013.
- "House votes to pass Marriage Equality Bill". Hawaii 24/7. November 6, 2013. Retrieved November 7, 2013.
- "State House advances same-sex marriage bill after long session". Honolulu Star-Advertiser. November 7, 2013. Retrieved November 7, 2013.
- Zuckerman, Esther (November 12, 2013). "Hawaii legislature sends same-sex marriage bill to Governor's desk". Theatlanticwire.com. Archived from the original on November 17, 2013. Retrieved December 5, 2013.
- Associated Press in Honolulu. "Hawaii looks to welcome more visitors after Gov. signs gay marriage into law". Theguardian.com. Retrieved December 5, 2013.
- "Hawaii Court Lets Gay Marriage Ban Stand". New York Times. December 10, 1989. Retrieved August 27, 2013.
- Hawai'i State Constitution, Article I, section 23, Hawaii Legislative Reference Bureau. (Accessed 30 November 2006).
- TIME: Suzanne Roig, "Hawaii Governor Vetoes Civil-Unions Bill," July 7, 2010, accessed April 13, 2011
- Huffington Post: Mark Niesse, "Hawaii Governor Neil Abercrombie Signs Same-Sex Civil Unions Into Law," February 23, 2011, accessed April 13, 2011
- National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
- Human Rights Campaign: Hawaii Adoption Law Archived June 5, 2011, at the Wayback Machine, accessed July 13, 2011
- Haw. Rev. Stat. 515-2 – 7; Haw. Rev. Stat. §378-1 – 3; Haw. Rev. Stat. §489-2 - 3.
- LGBTQ Nation: "Hawaii Governor signs transgender workplace protections bill into law," May 6, 2011, accessed July 23, 2011
- "Hawaii governor signs law protecting LGBTQ students under Ttitle IX". MetroWeekly. July 17, 2018.
- Haw. Rev. Stat. § 846-51 (2001). Other relevant provisions include Haw. Rev. Stat. §§ 706-662; 846-54; and 846-52 (2001).
- Haw. Rev. Stat. § 846-51, S.B. 616, 2003 Leg., 22nd Leg. (Haw. 2003).
- Haw. Rev. Stat. § 338-17.7.
- [ap], CATHY BUSSEWITZ (May 5, 2015). "Hawaii legislature approves bill allowing birth certificate gender changes". LGBTQ Nation. Retrieved June 15, 2018.
- "Hawaii State Legislature". www.capitol.hawaii.gov. Retrieved June 15, 2018.
- "HB 631 - Hawaii 2015 Regular Session - Open States". Open States. Retrieved June 15, 2018.
- "Hawaii State Legislature". www.capitol.hawaii.gov. Retrieved June 15, 2018.
- Press, CATHY BUSSEWITZ, Associated (April 27, 2016). "Hawaii bans insurance discrimination against transgender patients". LGBTQ Nation. Retrieved June 15, 2018.
- "Hawaii Adds Third Gender Option For State-Issued IDs". HuffPost. Retrieved June 27, 2019.
- Ladao, Mark (June 26, 2019). "Gov. Ige signs bill allowing non-binary gender designations on driver's licenses". Star Advertiser.
- "HB1165 HD2 SD2". Hawaii State Legislature.
- Campaign, Human Rights. "Hawaii Legislature Passes Bill to Protect LGBTQ Youth | Human Rights Campaign". Human Rights Campaign. Retrieved June 15, 2018.
- "Measure Status". www.capitol.hawaii.gov. Retrieved June 15, 2018.
- HB711 HD1 SD1
- SB2 HD1
- LGBT Percentages Highest in Washington, DC, and Hawaii
- Public opinion on LGBT nondiscrimination laws by state: Hawaii. PRRI – American Values Atlas.
- Public opinion on religiously based refusals to serve gay and lesbian people by state: Hawaii. PRRI – American Values Atlas.
- "Implementing Sexual Health Education: Background And Actions For Improvement" (PDF). Hawaii State Department of Education. June 2014. Retrieved April 18, 2019.