Hawaii Supreme Court To Hear Marriage Equality Challenge - AGAIN

With over 3,000 same-sex couples married in Hawaii, GOP state Rep. Bob McDermott is like a dog with a bone as he takes the issue back to the state's Supreme Court saying the Legislature did not have the authority to pass marriage equality into law last year.

From the court's docket notice:

On appeal to this court, Respondents contend that the trial court erred in denying their motion for temporary restraining order and preliminary injunction, and in granting the Petitioners’ motion for summary judgment.

Respondents argue, inter alia, that the Hawai`i Marriage Equality Act is unconstitutional because in 1998, the people of Hawai`i voted to amend article 1, section 23 of the Hawai`i Constitution to state that “the legislature shall have the power to reserve marriage to opposite-sex couples.”

Respondents argue that the intent of this amendment was to constitutionally reserve marriage to opposite-sex couples, so the legislature was not authorized to pass the Hawai`i Marriage Equality Act.

In response, Petitioners argue that article 1, section 23 allows the legislature to reserve marriage to opposite-sex couples, but does not require it to do so. Petitioners also argue that Respondents lacked standing to bring this lawsuit.

The hearing is scheduled for 11AM Hawaii time.