Same Sex Marriage in Hawaii
In 1993, the Hawaii Supreme Court held that the state’s ban on same-sex marriage was unconstitutional. In 1996, Hawaii voters approved a constitutional amendment overruling this decision. In 2011, the state created civil unions for same-sex couples. I presume that what Hawaii did in its referendum was invalid under the Ninth Circuit panel’s decision yesterday, since it it indistinguishable from Proposition 8. And Hawaii is in the Ninth Circuit, and therefore covered by the panel opinion. Let the litigation begin.