A procedural move avoided an open vote and indefinitely postponed the bill. Voters on both sides of the issue may never know how all lawmakers stand on the issue.
Each side made its 11th-hour pitch for civil unions and against the measure that would grant the same rights as marriage to same sex couples.
Lawmakers headed into the last of a week's worth of private caucuses, then at midday on the house floor, a motion to postpone civil unions indefinitely. It passed on a voice vote.
Emotions ran high as shouts were exchanged between supporters and opponents.
"We love the people but it's the lifestyle that we are standing against," said Margarer Scow, a civil unions opponent.
Civil unions advocates were astonished the bill didn't get a roll call vote.
"Office by office I want them to look us in the face and tell us why they denied us civil rights today," said Carolyn Golojuch, civil unions advocate.
The house speaker has been very up front about why -- that because of election-year sensitivities, he did not want to bring civil unions to the floor for a roll call vote unless he knew there was a veto proof 2/3 margin or 34 lawmakers in favor. After caucus there were only 26 or 27 votes from both parties.
"None of us here in the state legislature are cowards. They were listening to their constituency at this point in time. and the votes were not there," said House Speaker Calvin Say.
The bill could be revived with a commitment of 2/3 of members, but names would have to be signed and revealed for that.
"I think the likelihood of it being brought up again is not very good," said civil union opponent Dennis Arakaki. "But i'm sure this issue is going to continue to burn."
This marks a first in recent legislative history in which a bill didn't get a vote based on lack of a veto-proof margin. the governor had not threatened a veto.
"Governor Lingle has never once vetoed any piece of gay and lesbian rights legislation that has been passed during her time as governor," said Alan Spector of Equality Hawaii.
The house speaker said he'd heard one option was that the lieutenant governor, who openly opposes civil unions, could have vetoed it while the governor was off island if they'd passed it on a simple majority.