Judge rejects last minute lawsuit to stop Civil Unions in Hawaii January 1st

Reported by: Brianne Randle
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Updated: 12/30/2011 8:17 pm
Come the New Year couples can officially enter into Civil Unions in Hawaii.

"We have countless couples ready to enter into Civil Unions on January 1st and January 2nd," says Alan Spector, Equality Hawaii.

But, a lawsuit filed this week, tried to stop it from happening. 

Emmanuel Temple, the House of Praise in Wahiawa and Lighthouse Outreach Assembly of God in Waipahu filed for a temporary restraining order and preliminary injunction to block the implementation of the Civil Union law, saying the law violates their civil rights and constitutional protections for religious freedom.

"The law hasn't even gone into effect yet and they're suing, claiming they will be forced to host Civil Union ceremonies in their churches when that hasn't happened," says Spector.

Supporters of Civil Unions say the motion for a TRO is frivolous.

"It's an attempt to make couples who are anticipating possibly the happiest moment in their lives, feel unsettled and unsure," says Valerie Smith, Equality Hawaii.

The state's response: "It is certainly cruel for Plaintiffs to wait until this late date to bring this action, knowing full well that many, many people have been looking forward to civil unions since the Governor signed it into law more than 10 months ago."

The church's attorney Shawn Luiz replied: "The state's position is absurd.  The Church cannot be forced to allow its property to be used for a same-sex ceremony anymore than the Plaintiffs could be ordered to allow a civil union between a man and a woman on Church property."

After several hours going over the arguments, Federal Court Judge Michael Seabright denied the church's request for a TRO, but allowed the case to proceed.

"The meat of the case is still that Act 1 does not comply with the First Amendment as far as my clients are concerned," says Luiz.  "We are still going to move ahead and do what we came here to do, make sure the state complies with the First Amendment."

"I'm glad that it's over.  I thought of it as an unnecessary distraction and now we can forge ahead and follow-through with our plans and look forward to January 1st at midnight," says Smith.

A state web site that allows couples to register online for Civil Unions is scheduled to go live at midnight January 1st.

To apply online for a civil union go to: civilunion.ehawaii.gov

To apply online for marriage go to: marriage.ehawaii.gov/

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HKNLO - 12/31/2011 12:21 PM
Most of all and most importantly, congratulations to those who will be joined in union on this happiest of days! Congratulations and Good luck!

HKNLO - 12/31/2011 11:52 AM
Does anyone else think it conspicuous that Christians seem to be the only group out there that seems to be up in arms about this issue? If it is such a moral issue why aren't we hearing from the Jewish community, Muslims, Buddhists...I can continue but I think you catch my drift.

HKNLO - 12/31/2011 11:43 AM
I completely disagree. Gay couples would not want to hold ceremonies in a church or temple because they are discriminated against. Why would you want to have one of the happiest moments in your life, in a place that you are obviously not welcomed. I don't buy that gays will eventually demand to have their ceremonies in churches. It doesn't hold water.

bishop hall - 12/31/2011 11:34 AM
The judge may have made the right "legal" decision, but I believe the church and temple have legitimate concerns regarding the future of the civil union issue. Once this issue gains more momentum, I'm betting that civil union advocates will insist on having ceremonies at places of worship where sound biblical teaching prohibits homosexuality. Should these churches denounce their faith in God for fear of being sued? Christians don't hate homosexuals. If they did then they would pretty much hate everybody including themselves for the multitude of offenses that are taught in the bible. All the best.

HKNLO - 12/31/2011 11:26 AM
This case was not strong to begin with. Too many hypothetical scenarios that haven't even happen. And probably won't. Those churches are dumpy looking.

HKNLO - 12/31/2011 11:19 AM
Turnmain- It is hilarious when people think they are so righteous that they are above anybody. Or who spew their ignorance and bigotry and call it God's word. Blasphemous. It must be miserable to carry that in your heart everyday of your life...And yes, the case is pretty much over...And if you know of the Cleansing of the Temple, you know that Jesus expelled the money changers out of the church. So saying "God's money", is sort of an oxymoron. An oxymoron is a figure of speech that combines contradictory terms. Not sure if you knew what that meant, your knowledge of the world seems limited.

Turnmain - 12/31/2011 9:23 AM
Steve there is only one judge and that is God.  The church has there right to exercise.  And what do you know about the tithing...you don't know nothing about it.  Why won't you call the Pastor and find out for yourself.  There are great organizations in Hawaii that are against Civil Unions and you only think that it is coming from the Waipahu people tithing.  I would shut up and not say anything about that bc it is God's money.  Oh and be careful who you talking about and pointing fingers to because you are dealing with and you will get burn. The case is not over until righteousness is perpetuated throughout the land.  Oh by the the dept of health is closed on 1 Jan 2012 and they say that alll applicantions will be processed on midnight on the 1st yeah right.  God is in control.  GOD Rules!!!!

Thomas Alex - 12/31/2011 7:43 AM
@endofstory Are you really that ignorant? The Judge is not Gay, he just knows how to read the Constitution unlike you. You realize the Fist Amendment also protects my Freedom from Religion right? I'm sure he does have friends and family who is Gay, everyone does. Who can claim all you want that you don't, but we all know that is a lie. Especially if they're not out of the closet yet. As far as pro-Gay, its not. It's called Pro-Civil Rights.

steve leong - 12/31/2011 6:33 AM
PRAISE GOD! They no need worry. I guarante, NO mahus would even go close, to those churches for spend one of their happiest moments together. Anyway, how come they putting so much money into doing this whole court thing, when get homeless, hungry and jobless people in Hawaii who can use the money more? They stay using the Waipahu people's tithing? Awe! And they say they Christian! I no think Jesus was like that. Sounds pilau and real judging . We gotta protect our local Gay kids from this kind of ugly, hate, so they can have better futures. And if you think no more plenty Gay kids here, just ask around, and check your own families. An Waipahu get plenty ... ALOHA Rule!

axelfox - 12/30/2011 9:04 PM
@ HKNLO, this. I think it's because people think they can hid behide a screen makes them anonynomous. It's spreading to stuff like Online games as well,like recently in a online game someone was being mean to someone because they served in the military. On the record i feel what the judge did to be a good thing. Because it states in the pledge of alligence that "indivisible and liberty for all"

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