Hawaii Constitutional Amendment 2 (1998)
Encyclopedia
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. In 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 text of the amendment states:
Constitution of Hawaii
The Constitution of the State of Hawaiʻi refers to various legal documents throughout the history of the Hawaiian Islands that defined the fundamental principles of authority and governance within its sphere of jurisdiction. Numerous constitutions have been promulgated for the Kingdom of Hawaii,...
, granting the state legislature the power to prevent same-sex marriage
Same-sex marriage in the United States
The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
from being conducted or recognized in Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
. Amendment 2 was the first constitutional amendment adopted in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that specifically targeted same-sex partnerships.
In 1993, the Hawaii State Supreme Court
Hawaii State Supreme Court
The Supreme Court of Hawaii is the highest court of the State of Hawaii in the United States. Its decisions are binding on all other courts of the Hawaii State Judiciary. The principal purpose of the Supreme Court is to review the decisions of the trial courts in which appeals have been granted...
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. In 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 text of the amendment states:
The legislature shall have the power to reserve marriage to opposite-sex couples.