Hawaii Constitutional Amendment 2
|Elections in Hawaii|
Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted same-sex partnerships.
In 1993, the Hawaii State Supreme Court ruled in Baehr v. Lewin, 852 P.2d 44 (Haw. 1993), that refusing to grant marriage licenses to same-sex couples was discriminatory under that state's constitution. However, the court did not immediately order the state to begin issuing marriage licenses to same-sex couples; rather, it stayed its ruling and ordered the state to justify its position. This ruling galvanized opposition to same-sex marriage in the state and around the country and led to the adoption of Amendment 2.
Amendment 2 differed from amendments that followed in other states in that it did not write a ban on same-sex marriage into the state's constitution; rather, it allowed the state legislature to enact such a ban. On November 3, 1998, Hawaii voters approved the amendment by a vote of 69.2–28.6%, and the state legislature exercised its power to ban same-sex marriage.
The amendment reads:
The legislature shall have the power to reserve marriage to opposite-sex couples.
- "Special Report: 'I do'" Honolulu Star-Bulletin January 22, 1997
- Niesse, Mark (2009-02-22). "Hawaii is latest civil unions battleground". Associated Press. Archived from the original on 2009-03-01. Retrieved 2009-03-01.
- General Election 1998, Hawaii Office of Elections, 1998-11-03, retrieved 2010-07-06
- Hawai'i State Constitution, Article I, section 23, Hawaii Legislative Reference Bureau. (Accessed 30 November 2006).
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