Hawaii’s Governor Veto’s Civil Union Legislation

Jul 7th, 2010 | By Trevor Ashley, Contributor | Category: Lead Story, National News
Flag of the Governor of Hawaii

Flag of the Governor of Hawaii

Hawaii Republican Governor Linda Lingle yesterday vetoed legislation that would have permitted same-sex civil unions, ending months of speculation on how she would weigh in on the contentious, emotional debate.

“There has not been a bill I have contemplated more or an issue I have thought more deeply about during my eight years as governor than House Bill 444 and the institution of marriage,” Governor Lingle said at a news conference. “I have been open and consistent in my opposition to same-gender marriage, and find that House Bill 444 is essentially marriage by another name.”

Hawaiʻi Governor Linda Lingle. Also called Queen Linda.

Hawaiʻi Governor Linda Lingle. Also called Queen Linda.

The Hawaii House of Representatives and Senate passed the measure in April. Hawaii’s constitution is unique with the state operating under a dominant-party system, or one party dominant system. This system was largely brought about by the 1887 Constitution which was forced on King David Kalākaua by what is now known as the Hawaii Republican at gun point. The constitution diminished the power of the monarchy and empowered the legislature.

“Today was the first time a civil unions bill passed both Houses in Hawaii by solid margins and was on the Governor’s desk for signing,” Jo-Ann Adams, chair of the GLBT Caucus of the Democratic Party of Hawaii, said in a statement. “With such broad support from the legislators, who are the elected officials closest to the public, and the consistent results of the professional polls showing broad support for civil unions as a civil rights issue, we are deeply disappointed that the Governor ignored the will of the people and vetoed the bill. ”

Another group, Equality Hawaii, said the fight for equal rights will continue.

“Today is a sad day for the thousands of Hawaii families who remain second class citizens,” said Alan Spector, legislative affairs co-chair for Equality Hawaii.

The governor said she understands why supporters of the bill are upset by her decision.

Hawaii House of Representatives

Hawaii House of Representatives

“This is a decision that should not be made by one person sitting in her office or by members of the Majority Party behind closed doors in a legislative caucus, but by all the people of Hawaii behind the curtain of the voting booth,” Governor Lingle said in a statement. “And while some will disagree with my decision to veto this bill, I hope most will agree that the flawed process legislators used does not reflect the dignity this issue deserves, and that a vote by all the people of Hawaii is the best and fairest way to address an issue that elicits such deeply felt emotion by those both for and against.”

When the bill passed in April, civil union supporters cheered in the Capitol rotunda. But Lieutenant Governor Duke Aiona said at the time lawmakers shouldn’t have approved the measure. “If the legislature wanted to establish the equivalent of same-sex marriage, they should have put it on the ballot for the people to decide,” he said then.

Some religious groups had urged the governor to veto the legislation.

“We need you to mount a campaign to flood the governor’s office with requests to veto the bill,” Larry Silva, Catholic bishop of Honolulu, wrote on the diocese of Honolulu’s website at the time.

Had Lingle not vetoed it, the measure would have granted gay and lesbian couples the same rights and benefits that the state provides to married couples. It also would have made Hawaii one of six states that essentially grant the rights of marriage to same-sex couples without authorizing marriage itself. Five other states and the District of Columbia permit same-sex marriage.

Supreme Authority of the Governor

Hawaii citizens protest the veto of "Queen Linda," as local media calls the Governor.

Hawaii citizens protest the veto of "Queen Linda," as local media refers the Governor.

Unlike all but one other state in the Union (Tennessee), Hawaiʻi has only one elected statewide officer in the Governor of Hawaiʻi.

The Governor of Hawaiʻi has wide-reaching authority comparably stronger than the other governors in the Union; administrative powers are more centralized than that of most other states with little authority devolved to the counties, and unlike other states there are no local school districts.

The governorship of Hawaiʻi has often been characterized by the Honolulu Advertiser, Honolulu Star-Bulletin and various other local media as an “elected monarchy” referring to the most current governors as “King Ben” and “Queen Linda” in headlines during their tenures. Included within the governor’s sphere of jurisdiction is the power to appoint all judges of the various courts within the Hawaiʻi judicial system, subject to Senatorial approval.

The governor is Commander-in-Chief of the Hawaii Navy, Hawaii State Militia, and the Hawaii National Guard.

The State of Hawaiʻi does not have fixed cabinet positions and departments. By law, the Governor of Hawaiʻi has the power to create his or her cabinet and departments as needed as long as the executive department is composed of no more than twenty bodies and cabinet members.

The Governor of Hawaiʻi is also empowered to remove cabinet officers at will, with the exception of the Attorney General of Hawaiʻi, who must be removed by an act of the Hawaiʻi State Senate.

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