Oct 18, 2024
HONOLULU (KHON2) -- Ballots for Hawaiʻi residents will begin arriving in our mailboxes today, Friday, Oct. 18.; and there are a few things you need to know about that ballot before you make your choice in what to do with it. Something to understand: if you leave a box blank on your ballot, then you are casting a "NO" vote. If you do not vote, you are allowing others to speak for you. You are being taxed; so, claim your representation. Get Hawaii's latest morning news delivered to your inbox, sign up for News 2 You Voters in Hawaiʻi will face two significant amendments that could change important aspects of the state’s laws. One amendment focuses on marriage equality, and the other addresses how judges are appointed. Advocates for both issues believe these measures are vital for fairness and justice in Hawaiʻi. So, what are they, you ask? Marriage equality amendment and the Vote Yes on 1 campaign This measure is seeking to remove a specific section of the state constitution that permits the legislature, rather than the citizens of the state, to define marriage. This proposed amendment, known as the “Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment”, aims to reinforce marriage equality in the state. Haʻaheo Zablan, the Vice President of the Hawaiʻi Civil Rights Voter Education Fund, emphasized the importance of this vote. “Hawaiʻi has been at the forefront of the fight for marriage equality,” Zablan said. He referred to a landmark case from the early 1990s when then civil rights attorney Dan Foley, who later became a judge, brought forth a lawsuit challenging the state’s ban on same-sex marriage. “In 1993, the Supreme Court of Hawaiʻi made a groundbreaking ruling, stating that prohibiting same-sex marriage could violate the Hawaiʻi Constitution,” he noted. However, this progress was met with significant backlash. “After the ruling, there was a pushback that led to the insertion of Article 1, Section 23 into our state constitution,” Zablan explained. This section gives the legislature the power to restrict marriage to opposite-sex couples. “We believe this provision is unnecessary and out of step with the Bill of Rights, which provides equal protection under the law,” he stated. Nikos Leverenz, Chair of the Hawaiʻi Civil Rights Voter Education Fund, echoed Zablan’s sentiments. “This campaign is crucial because we need to address a discriminatory provision in our Constitution,” Leverenz said. He emphasized that the current language in Section 23 is not just outdated; it is inherently discriminatory. “It clearly allows for the legislature to limit marriage, which opens the door to all kinds of potential discrimination,” he explained. Zablan further elaborated on the implications of the amendment. “If the legislature can define who can marry, what’s to stop them from enacting other discriminatory laws?” he asked. He pointed out that the potential for further discrimination could extend to issues like race or ethnicity. “We cannot allow such language to remain in our Constitution,” he insisted. Zablan and Leverenz emphasized the importance of voting “yes” on this amendment. “We want to educate voters on why this matters,” Leverenz explained. He clarified the misconception surrounding blank votes, saying, “A blank vote is effectively a ‘no’ vote. We need everyone to understand that if you leave your ballot blank on this measure, you are not supporting marriage equality.” Zablan emphasized the urgency of the campaign. “In a presidential election year, many voters may only focus on that race,” he noted. “But this measure is just as important.” He pointed out that the amendment would be the first item on the ballot. “It’s number one, so it will be easy to find,” he said. “We are asking the public to make their voices heard.” Gomes, a citizen advocate for the “Yes on 1” campaign, shared his personal perspective on why marriage equality is vital. “Getting married was one of the best moments of my life,” he said. “For me, marriage is about family, love and commitment. Everyone deserves the right to build a family with the person they love.” He noted how societal attitudes toward marriage equality have evolved over the years. “More people today recognize the importance of this issue, and that gives me hope,” he added. Leverenz discussed the potential consequences if the Supreme Court were to overturn its 2013 ruling on marriage equality in the United States v. Windsor case. “If that were to happen, same-sex marriage would still be recognized in Hawaiʻi, but we would be in a state of limbo,” he explained. “It would depend on how the legislature chose to act afterward.” He expressed concern about the implications for marriage rights, which encompass many critical areas such as benefits, custody and hospital visitation rights. “We cannot risk losing these protections,” he stated firmly. Zablan raised a cautionary note about federal developments that could impact marriage rights. “If the federal government were to repeal the Respect for Marriage Act, it could create a precarious situation for same-sex couples,” he warned. “We need to ensure that our state laws protect marriage for all couples without any uncertainty.” Gomes emphasized the simplicity of the decision facing voters. “If you believe that love is love and that everyone should have the right to marry, voting ‘yes’ is an easy choice,” he said. “It reflects what we have been practicing in Hawaiʻi for the past decade.” He encouraged everyone to participate in the electoral process. “This is a chance for people to make a difference in their community,” he added. As the campaign moves forward, Leverenz highlighted the importance of community engagement. “We are mobilizing our supporters to help spread the word,” he said. “There will be sign-waving events and ads on various platforms.” He encouraged people to join their efforts. “Every voice matters. We need people to help us reach out to their neighbors and friends.” Zablan mentioned the role of social media in the campaign. “We have a strong digital presence, and we will be using platforms like YouTube to share our message,” he said. He emphasized that people can get involved in multiple ways. “Whether you donate, volunteer or just talk to your friends, every little bit helps,” he encouraged. Leverenz pointed out the need for transparency and information. “If people want to know more about our campaign and the community partners involved, they can visit Yes For Marriage [website],” he said. “It’s essential for voters to feel informed and empowered.” He added that the campaign included various nonprofits dedicated to supporting marriage equality. Gomes concluded with a heartfelt message. “I want to stay married, and I believe in the right to love freely,” he said. “If you care about these issues, it’s a straightforward decision.” He emphasized the importance of unity and support in the fight for equality. “Together, we can protect the rights of all families in Hawaiʻi,” he stated. As the election approaches, the urgency to secure marriage equality in Hawaiʻi is becoming clear. The voices of advocates, community leaders, and citizens united in this cause aimed to ensure that love and commitment were protected for everyone. With the support of the community, they hoped to make history once again by reinforcing the values of equality and justice in their state constitution. To learn more about the struggle for marriage equality, click here. Judicial appointments amendment Hawaiʻi voters also will decide on a significant change through a proposed amendment called the Hawaiʻi Judicial Appointments and Confirmations Amendment. This amendment seeks to alter how judges for district courts are appointed, aligning the process with that used for higher court judges, such as supreme court justices. If you vote "yes", then you support changing the appointment process for district court judges. A "no" vote means you want to keep the current system. It’s important to know that if you leave the box for this question blank on your ballot, it will count as a "no" vote. This means that not marking your preference is effectively a choice against the proposed amendment. Currently, when a judicial vacancy occurs in the higher courts, the governor fills the position by selecting from a list of nominees provided by the judicial selection commission. The governor has 30 days to make an appointment after receiving the list. If the governor fails to do so or if the Senate rejects the governor's choice, the judicial selection commission can step in and appoint someone from the list, sometimes without needing Senate approval. The proposed amendment would make the process for appointing district court judges similar to this system. The chief justice would appoint judges for district courts using the same nomination and approval process. This means that the chief justice would also select from a list of nominees, and there would be similar rules regarding Senate approval and deadlines. To serve as a judge in Hawaiʻi, a candidate must meet certain requirements: they must be a U.S. resident and citizen, a resident of Hawaiʻi, a practicing attorney for at least ten years, and under the age of 70. Judges serve for ten years; and to remain in their position, they must receive a majority vote from the judicial selection commission. The amendment was introduced by several Democratic senators, including Senator Karl Rhoads (District 13) and received strong support in the Hawaiʻi State Legislature. It was passed unanimously in the Senate and with a large majority in the House. For a proposed amendment to appear on the ballot, it must be approved by a majority vote in both chambers of the legislature. The question voters will see on their ballots asks whether they agree to amend the state constitution so that the process for appointing judges is the same whether the appointment is made by the governor or the chief justice. This change aims to create consistency in how judges are chosen across different courts in Hawaiʻi. The importance of voting As we receive our ballots and figure out what we want to do with them and who we want to vote for, considering the bigger picture of consequences and possibilities is the most important thing we can do. Supporters for Yes on 1 will be organizing events, creating advertisements and utilizing social media to raise awareness. You can click here to find out about schedules and how to help. The upcoming election in Hawaiʻi presents an important opportunity for voters to make their voices heard on two crucial amendments. The Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment seeks to protect marriage equality, while the Hawaiʻi Judicial Appointments and Confirmations Amendment aims to ensure a fair and consistent process for appointing judges. Get news on the go with KHON 2GO, KHON's morning podcast, every morning at 8 This election will not only shape the laws of Hawaiʻi but also define the values that the community stands for. The voices of the people will determine the path forward, and every vote will count.
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