2024 Hawaii Amendment 1

2024 Hawaii Amendment 1
November 5, 2024 (2024-11-05)
Hawaii Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment
Results
Choice
 Votes %
Yes 268,038 51.33%
No 211,142 40.43%
Blank or invalid votes 43,056 8.24%
Total votes 522,236 100.00%
Registered voters/turnout 860,868 60.66%
Source: State of Hawaii Office of Elections[1]

A referendum on Amendment 1 to the Constitution of Hawaii was held on November 5, 2024. The amendment repealed the Hawaii State Legislature's ability to limit marriage to heterosexual couples,[2] reversing the 1998 Hawaii Marriage Amendment.[3] The measure passed with 51.3% of the vote in support and 40.4% in opposition.[1] The wording of the ballot language proved confusing to a number of voters, who were unsure of what the amendment accomplished.[4] The amendment passed simultaneously with similar referendums in California and Colorado.[5][6]

Background

Elections in Hawaii
Federal government
Presidential elections
Presidential primaries
Democratic
2000
2004
2008
2016
2020
2024
Republican
2008
2012
2016
2024
U.S. Senate elections
U.S. House of Representatives elections
State government
Gubernatorial elections
Senate elections
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Hawaiian Kingdom era
House of Representatives
Ballot measures
1998
2024
Honolulu
Mayoral elections

In 1993,[7] the Supreme Court of Hawaii ruled that a ban on same-sex marriage violated the state's constitution in Baehr v. Miike. However, in 1998, Amendment 2 was approved via a referendum, allowing the Hawaii legislature to ban same-sex marriage.[8] Hawaii ultimately legalized same-sex marriage in 2013, becoming the 15th state to do so and preceding Obergefell v. Hodges by two years.[9][10] Following the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization and hints by Supreme Court Justice Clarence Thomas towards reconsidering Obergefell v. Hodges,[11] activists have raised concerns over the ruling's future. Ballot measures in Hawaii, California and Colorado were intended to safeguard same-sex marriage if the decision was ever overturned.[12]

Legislative process

Votes in the House of Representatives, by district:
  Voted for
  Abstained/Not present
  Against
Votes in the House of Representatives, by district:
  Voted for
  Abstained/Not present
  Against
This section is an excerpt from Same-sex marriage in Hawaii § Constitutional amendments.[edit]

In 2023, a coalition of local organizations was formed to repeal Constitutional Amendment 2.[13] Senator Chris Lee and Representative Adrian Tam announced their support for the campaign and pledged to push for the passage of legislation repealing the amendment. A constitutional amendment was introduced to the State Legislature on January 24, 2024 by Representative Scott Saiki. It passed the House on March 5 by 43 votes to 6, and the Senate on April 9 by 24 votes to 1.[14][15][16][17] Senator Mike Gabbard, well-known for his opposition to same-sex marriage in the 1990s, gave a public apology in the Senate Judiciary Committee and voted to repeal the amendment in the final vote on the Senate floor.[18] As Amendment 1, it was approved on November 5, 2024 with 56% of the vote.[a] Constitutional amendments require a majority of all votes cast; taking the blank votes and overvotes into account, the measure passed by 51–40 percent.[19][20] It was approved in all counties except Kalawao, and on all islands except Niihau and Molokai.[21]

March 5, 2024 vote in the Hawaii House of Representatives[22]
Political affiliation Voted for Voted against Absent (Did not vote)
  Democratic Party
42
1
2
  Republican Party
1
5
 –
Total 43 6 2
84.3% 11.8% 3.9%
April 9, 2024 vote in the Hawaii Senate[22]
Political affiliation Voted for Voted against Absent (Did not vote)
  Democratic Party
23
 – –
  Republican Party
1
1
 –
Total 24 1 0
96.0% 4.0% 0.0%

Position

Parties

The Democratic Party of Hawaii backed the amendment,[23] while the Republican Party of Hawaii neither endorsed nor opposed it.[24]

Current and former elected officials

Josh Green, the Governor of Hawaii, supported the amendment, as did the former Governors David Ige and John D. Waiheʻe III. It was also backed by Senator Brian Schatz and Representative Ed Case, as well as former Hawaiʻi Supreme Court Justice Steven Levinson and numerous other officials.[25]

Organizations

Organizations such as ACLU of Hawaiʻi, Japanese American Citizens League, Hawaiʻi LGBT Legacy Foundation, Hawaiʻi Health & Harm Reduction Center, Council For Native Hawaiian Advancement, Hawaii Civil Rights Commission, Change 23 Coalition, Papa Ola Lōkahi, Hawaii State Teachers Association, Hawaiʻi State AFL–CIO, Hawaii Workers Center, Hawaii Rainbow Chamber of Commerce, Rainbow Family 808, Highgate Hawaii, Equality HI, Common Cause Hawaii, Oʻahu Jewish ʻOhana, and Interfaith Alliance of Hawaiʻi supported the amendment.[25][23]

Results

Election laws in Hawaii require constitutional amendments to achieve at least 50% of the vote, including blank votes and overvotes, in order to pass. After the election took place on November 5, 2024, the Hawaii Office of Elections released final vote totals. The total was 51.3% of the vote in favor of the amendment and 40.4% opposed.[1][3]

Results by county

There was moderate support for the amendment across the state. Yes votes comprised a majority in three out of four counties and a plurality in all four.[b] Support for the amendment was highest in Hawaiʻi County.[1]

County Yes, # Yes, % No, # No, %
Hawaiʻi 43,973 52.5% 32,749 39.1%
Honolulu 177,669 51.6% 141,655 41.1%
Kauai 14,167 46.3% 12,039 39.4%
Maui[b] 32,229 50.7% 24,699 38.9%

See also

Notes

  1. ^ Voters were asked: "Shall the state constitution be amended to repeal the legislature's authority to reserve marriage to opposite-sex couples?"
  2. ^ a b Election results for Kalawao County are reported as part of Maui County's figures.

References

  1. ^ a b c d "Hawaii Statewide Election Results". Hawaii Office of Elections. Retrieved November 10, 2024.
  2. ^ "Hawaii Amendment 1 Election Results: Right to Marry". The New York Times. November 5, 2024. Retrieved November 9, 2024.
  3. ^ a b Blair, Chad (November 6, 2024). "Hawaii Voters Supporting Same-Sex Marriage Ballot Measure". Honolulu Civil Beat. Retrieved November 9, 2024.
  4. ^ "Many Hawaii residents are confused over a question on this year's ballot about same-sex marriage". Hawaii News Now. October 22, 2024.
  5. ^ Henni, Janine (November 7, 2024). "3 States Just Boosted Same-Sex Marriage Protections in Case Supreme Court Overturns Landmark Ruling". People.com. Retrieved November 9, 2024.
  6. ^ "HB2802 HD1". Hawai‘i State Legislature. Retrieved November 9, 2024.
  7. ^ McCall, Malissa. "The First Major Same-Sex Marriage Case: Baehr v. Lewin (Miike)". FindLaw. Retrieved November 9, 2024.
  8. ^ Saghal, Kanav (May 11, 2023). "Revisiting American Queer Legal History". Vidhi Centre for Legal Policy. Retrieved November 9, 2024.
  9. ^ Blair, Chad (September 10, 2024). "Hawaii voters asked to ensure protection of same-sex marriage". AP News. Retrieved November 9, 2024.
  10. ^ Sanburn, Curt (March 5, 2014). "The Painful Path to Same-Sex Marriage in Hawaii". Honolulu Magazine. Retrieved November 9, 2024.
  11. ^ Forgey, Quint; Gerstein, Josh (June 24, 2022). "Justice Thomas: SCOTUS 'should reconsider' contraception, same-sex marriage rulings". Politico. Retrieved November 9, 2024.
  12. ^ Barrett, Maura; Lukasiewicz, Halle (October 22, 2024). "Worried by fall of Roe v. Wade, organizers get same-sex marriage on the ballot in three states". NBC News. Retrieved November 9, 2024.
  13. ^ Blair, Chad (November 14, 2023). "Hawaii Voters Could Be Asked To Amend Constitution On Marriage Equality". Honolulu Civil Beat.
  14. ^ "HB2802 HD1". Hawaii State Legislature. Retrieved June 9, 2024.
  15. ^ "LGBT-plus advocates push for voters to solidify Hawaii's same-sex marriage rights". Hawaii News Now. April 21, 2024.
  16. ^ "Hawai'i could amend constitution to include same-sex marriage". Los Angeles Blade. April 6, 2024.
  17. ^ Blair, Chad (September 10, 2024). "Hawaii Voters Asked To Ensure Protection Of Same-Sex Marriage". Civil Beat.
  18. ^ "After change of heart, lawmaker who led charge against same-sex marriage apologizes". Hawaii News Now. March 21, 2024.
  19. ^ "Majority vote in favor of same-sex marriage amendment". Hawaii News Now. November 6, 2024. Retrieved November 8, 2024.
  20. ^ Blair, Chad (November 6, 2024). "Hawaii Voters Supporting Same-Sex Marriage Ballot Measure". Honolulu Civil Beat.
  21. ^ "General Election Statewide Precinct Detail" (PDF). Office of Elections. Retrieved November 11, 2024.
  22. ^ a b "Legislative history of HI HB2802". LegiScan. Retrieved November 29, 2024.
  23. ^ a b Tsai, Michael (March 7, 2024). "Bill would repeal Legislature authority on same-sex marriage". Spectrum News. Retrieved November 11, 2024.
  24. ^ Beran, Liam (October 31, 2024). "Why Marriage Equality Is Back on the Ballot". The Nation. Retrieved November 11, 2024.
  25. ^ a b "OUR ALLIES". Yes For Marriage. Retrieved November 11, 2024.