Hawaii same-sex marriage ban upheld

Aug. 9, 2012 at 12:38 PM   |   Comments

HONOLULU, Aug. 9 (UPI) -- A U.S. District Court judge in Honolulu upheld Hawaii's gay marriage ban, saying any change to state law should be left to the Legislature.

"If the traditional institution of marriage is to be restructured, as sought by plaintiffs, it should be done by a democratically elected legislature or people through a constitutional amendment," the ruling read, "not through judicial legislation that would inappropriately pre-empt democratic deliberation regarding whether or not to authorize same-sex marriage."

Judge Alan Kay dismissed the lawsuit filed by Natasha Jackson and Janin Kleid Wednesday, Honolulu Civil Beat reported.

The lawsuit accused the state Department of Health of denying the couple a marriage license on Nov. 18, 2011, because they are both women. The couple contended the denial was unconstitutional.

Gov. Neil Abercrombie said he was opposed the marriage ban because it denied equal rights to same-sex couples.

"I respectfully disagree and will join the plaintiffs if they appeal this decision," Abercrombie said in a statement released Wednesday. "To refuse individuals the right to marry on the basis of sexual orientation or gender is discrimination in light of our civil unions law."

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