McDermott v. Abercrombie
Case #: 13-1-2899-10 KKS
Court Level: Hawai'i Supreme Court
Date Filed: 30 October 2013
Date of Appeal: ?
Ruling Date: 29 January 2013 (State District Court)
- Hawai’i State Representative Bob McDermott and three other individuals challenged the constitutionality of the Hawai'i Legislature’s authority to enact a law that would allow same-sex couples to marry in Hawai’i.
- 14 November 2013, Circuit Court Judge Karl Sakamoto ruled against the opponents of same-sex marriage and refused to issue a temporary restraining order to prevent the state from granting marriage licenses to gay couples starting on 2 December 2013.
- 29 January 2014, Judge Sakamoto granted the state's motion for summary judgment, ruling that the Hawai'i Marriage Equality Act of 2013, which took effect in December 2013, is constitutional.
- This case was appealed - it leapfrogged over the intermediate court and was accepted by the Hawai'i Supreme Court. The case is scheduled for oral argument 18 December 2014, before the Hawaii Supreme Court:
No. SCAP-14-0000843, Thursday December 18, 2014, 11:15 a.m.
REPRESENTATIVE BOB MCDERMOTT, GARRET HASHIMOTO, WILLIAM E.K. KUMIA, and DAVID ANGDON, Respondents/Plaintiffs-Appellants, vs. GOVERNOR NEIL ABERCROMBIE and LINDA ROSEN, DIRECTOR, DEPARTMENT OF HEALTH, STATE OF HAWAI`I, Petitioners/Defendants-Appellees.
The above-captioned case has been set for argument on the merits at: Supreme Court Courtroom, Ali`iolani Hale, 2nd Floor, 417 South King Street, Honolulu, HI 96813
"This case involves Respondents’ challenge to Hawaii’s Marriage Equality Act, which the legislature signed into law on November 13, 2013. The law changed the definition of marriage in Hawai`i to allow couples to marry without regard to their gender. While the legislature was considering the bill, Respondents filed a motion for temporary restraining order and preliminary injunction, which would have prevented the legislature from issuing any marriage licenses to same-sex couples. The circuit court denied this motion, and later granted summary judgment in favor of Petitioners."
An archive of the audio from the hearing will be available later in the day.
- 18 December 2014, Hawaii Supreme Court heard marriage equality arguments - KITV Channel 4 ABC Newsroom. Link to audio of hearing.