LIHU‘E — Sen. Gary Hooser will make a motion to pull House Bill 444, which would make civil unions between same-sex partners legal statewide, from its deadlocked committee and put it to a vote by the full Senate if none
LIHU‘E — Sen. Gary Hooser will make a motion to pull House Bill 444, which would make civil unions between same-sex partners legal statewide, from its deadlocked committee and put it to a vote by the full Senate if none of his colleagues do so by next month’s deadline.
“As the person who was the sponsor of the Senate Bill, and as the majority leader … most would believe that I would be the appropriate person to make the motion,” said Hooser, a Democrat representing Kaua‘i and Ni‘ihau, in a phone interview. “If there’s a majority consensus, I would make a motion in my capacity as majority leader. If there’s no consensus, then I’ll make the motion as an individual senator.”
Hooser said he still believes a large majority of the Senate supports the civil union legislation. Last month, when the bill was passed by the House of Representatives despite vocal protests, Hooser said he had indications 18 of 25 senators would vote in favor as well.
But when the six members of the Senate Judiciary Committee voted to a 3-3 tie on Feb. 25, the seemingly imminent passage was thrown into doubt. To achieve passage this legislative session, the Senate would first need to pass a motion — requiring more than one-third of its members, or 9 senators, to vote in favor — pulling the bill to the floor, and then pass the bill with a simple majority of 13 senators.
“We do have members who are uncomfortable about the process of pulling a bill, but we do have in our rules, and in the (Hawai‘i) Constitution, the ability to do so,” Hooser said, noting the measure is so rare he had not witnessed a bill being pulled during his seven years in the Senate.
Asked if there will, at the minimum, be a motion to pull the bill — which would not guarantee passage or even a successful pull — Hooser said it would be “fair to say” that, and if all else fails, he will be the person to make that motion.
“The preferable way to conduct business is if you have the votes to pass something, then you’d initiate a pull. But it’s not the only way. Sometimes you don’t know if you’d have the votes until the pull is initiated,” he said. “I would prefer, and my hopes are, that the bill is pulled with support from the majority. (But) as an individual senator, I have an obligation, and the right thing to do is to allow the full Senate to vote on it.”
Hooser said the deadline to pull the bill is the middle of next month, and if the pull is unsuccessful, the Senate could pick up the bill next year. No date has yet been set for a motion to pull and no “strategy discussions” have taken place to determine who will make the motion.
“There is no pressing time deadline to pull it now, and the greater consensus that can be built in support of the bill prior to actually voting on it, the better,” he said. “So I’m talking with my colleagues, we’re sharing concerns, we’re discussing possible amendments, and at some point, either the clock will run out, or we’ll reach a consensus.”
Asked about suggestions that the Senate allow citizens to decide the fate of civil unions through a direct vote via ballot initiative, similar to the 1998 vote in which some 70 percent of Hawaiians voted reserve marriage for opposite-sex couples, Hooser said African-Americans and women may never have gotten the right to vote if those decisions were left in the hands of the general populations.
“Legislators throughout history have had to make the hard choices,” he said.
Hooser also referenced a poll released this week showing strong support by Hawai‘i residents for civil union legislation.
The poll, conducted by Honolulu-based QMark Research and Polling and funded by the Family Equality Coalition, a pro-civil unions advocacy group, says 81 percent of residents agree with the statement, “Committed couples and their families, regardless of their sexual preference or orientation, should have the same rights. That’s the bottom line — we should treat people equally.”
Alan Spector, co-chair of the Family Equality Coalition, said he was pleased with the results of the poll.
“The numbers do show that a significant, very large majority of Hawai‘i residents understand this issue and recognize that all people and families should be treated equally,” Spector said in a Friday phone interview. He added that the goal of the study, which was conducted between March 10 and 15 and polled by phone more than 500 residents, including 33 Kaua‘i residents, was to motivate the Senate to pull the bill as quickly as possible.
The poll also included other data. The percentage of respondents agreeing with the main statement above increased to 81 percent from 73 percent in 2007, indicating a rise in support for gay rights, Spector said.
“It is a very different landscape from a decade ago. A lot has changed since the 90s,” he said.
Three other results included in the poll showed more than 60 percent support for statements similar in substance but subtly different in wording — including one discussing legal rights for gay and lesbian couples.
“The concept of equality is much more broadly accepted, but when you start defining how that should look as far as a legal question, that’s where things get tricky,” said Spector, noting the results were above national averages.
The poll had a margin of error of 4.38 percent and a 95 percent confidence level.
Regardless of the numbers, Hooser said he will try to move the bill forward.
“I don’t believe we should base our decisions on polls. I’d like to think that the decisions I make are supported by a majority, but at the end of the day, I have to reach down deep inside myself and vote for what I think is right. I believe that it’s right to pass this bill and extend equal rights to all people,” Hooser said.
“I have found myself … a key participant in the debate. Controversy comes with the territory of being a senator and being a majority leader, but it’s certainly not something that I seek. I ran for office and I serve because I want to do good things for the people of Hawai‘i and I think this is important.”
For more information about House Bill 444, go to www.capitol.hawaii.gov.
For more information about the Family Equality Coalition, go to www.familyequalitycoalition.org.
• Michael Levine, staff writer, can be reached at 245-3681 (ext. 252) or via e-mail at mlevine@kauaipubco.com
