Bob McDermott | Gay Marriage | Hawaii | News

Hawaii Bigot Lawmaker Bob McDermott Loses Court Challenge Intended to Halt Same-Sex Marriage

Mcdermott

A Hawaii judge upheld the state's marriage equality law against a challenge by Rep. Bob McDermott, the AP reports:

Hawaii Circuit Court Judge Karl Sakamoto said the 1998 amendment didn't force the Legislature to define marriage as between a man and a woman. Sakamoto says it doesn't factor into lawmakers' ability to allow gay couples to wed.

"Same-sex marriage in Hawaii is legal," Sakamoto ruled after hearing arguments for more than an hour from the state attorney general and a Republican lawmaker who voted against the bill in the House last week.

McDermott claimed that most voters thought they were voting for marriage between a man and a woman in 1998, and the legislature did not have the right to decide.

The issuance of marriage licenses to gay couples will begin as planned on December 2 and ceremonies can begin that day as well.

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Comments

  1. Awww, boohoo, Bob. Now that your frivolous suit has been promptly disposed of, as we knew it would be, maybe you should put on your big boy panties and deal with reality: like it or not, gay couples will be marrying right in your state.

    Onward to December 2nd!

    Posted by: Ernie | Nov 14, 2013 6:39:05 PM


  2. Judge Sakamoto said that although the hate side did in fact have standing to bring this lawsuit to court, that regardless of what the amendment did or didn't say, the legislature has inherent powers independent of the amendment to define marriage as they see fit. That's a strong ruling---it doesn't matter what the amendment says, the legislature can legalize marriage equality anyway. Great to add the finishing touch on marriage equality in Hawaii.

    Posted by: Francis #1 | Nov 14, 2013 6:46:49 PM


  3. Who dat, who dat, who dat fool?

    Actually, even he can't be quite that stupid (unless closeted and desperate), so he is likely currying favor with religious backers

    Posted by: Bob | Nov 14, 2013 6:48:39 PM


  4. Now I went and looked him up -- he is a catholic former Marine.
    When he was taking it up the ass from the Corps, it was just manly stuff, but it would be a sin for society to allow it.

    In other catholic news, that SF bishop is causing more trouble again --

    Posted by: Bob | Nov 14, 2013 6:51:47 PM


  5. Why do so many straight antigay men have creepy goatees?

    Posted by: Bob | Nov 14, 2013 7:13:10 PM


  6. I don't know what Sakamoto based his opinion about standing on, as the plaintiffs couldn't possibly suffer any injury due to other citizens becoming more equal. It's just not possible. So what was their standing?

    Posted by: oncemorewithfeeling | Nov 14, 2013 7:16:03 PM


  7. "The voters thought they were doing something other than what they were doing. They were confused, so you should rule the opposite of what how they voted." Hey! Let's use that argument the next time a state passes an anti-marriage equality measure by a narrow margin.

    Posted by: james | Nov 14, 2013 7:20:56 PM


  8. oncemore, perhaps there is a provision in Hawaiian jurisprudence that allows a sitting state legislator to bring an action like this . . . I don't know, just a guess. But I also think this lawsuit began before the final legislative action.

    Posted by: jpeckjr | Nov 14, 2013 7:23:36 PM


  9. Judge Sakamoto said "citizen interest" or something of the sort was the reason why Bob McDermott had standing.

    Posted by: Francis #1 | Nov 14, 2013 7:26:27 PM


  10. There will always be bigot lawsuits because they are losing their safe little angry white man majorities.

    Posted by: JEFF YORK | Nov 14, 2013 7:27:43 PM


  11. Hopefully he will crawl back into his maggot hole.

    Posted by: Matt N | Nov 14, 2013 7:31:12 PM


  12. Oh well Bob, go home call it a day and eat a pizza

    Posted by: MArk | Nov 14, 2013 7:55:35 PM


  13. I hope Rep McDermott takes this opportunity to realize he is a loser.

    Posted by: Stephen Rider | Nov 14, 2013 8:21:50 PM


  14. State Senator Karen Peterson of Delaware:

    "If my happiness somehow demeans or diminishes your marriage, you need to work on your marriage."

    Posted by: Kane | Nov 14, 2013 8:25:10 PM


  15. What a shame...I liked him on "Roseanne" and "The Big Lebowski".

    Posted by: Bear Aspirin | Nov 14, 2013 9:25:18 PM


  16. McDimwit was an idiot to think he had a case. No surprise he lost

    Posted by: Steve | Nov 15, 2013 2:20:02 AM


  17. McDermott is the idjit who tried to challenge geneticist and author Dean Hamer on the biological basis of sexuality during his senate testimony. It didn't work.

    http://youtu.be/ao8H5hJz52E

    His argument seemed to be something like "Homosexuality was widely practiced in Ancient Greece and they can't ALL have been biologically gay!" Hamer responded "You're confusing science with Ancient history."

    Posted by: Caliban | Nov 15, 2013 9:16:53 AM


  18. The amendment in question reads:

    The legislature shall have the power to reserve marriage to opposite-sex couples.

    So, the ruling is quite legit. As to standing. Standing on constitutional matters is generally a good thing since a lot of issue can be swept under the rug if standing is not allowed. In this case it didn't matter. In CA, standing was handled poorly and the case bounced around the courts for years, ultimately delaying marriage equality there.

    Posted by: anon | Nov 15, 2013 10:29:15 AM


  19. If I recall correctly, the California courts ruled that the anti-gay side didn't have "standing" because they couldn't demonstrate any actual harm that gay people marrying would cause them.

    Basically it came down to "What's your damage, Heather?!" And they couldn't demonstrate how somebody else getting married affected them at all.

    Here's a handy little factoid. Do you know what the current record for number of marriages by a living person is? 23. Each and every one of them was legally recognized. The woman in question is currently divorced but looking for Mr 24. The record for shortest marriage is in dispute. One couple broke up over at their wedding reception but they had to stay married for a couple of days before it was fixed.

    People (women mainly) marry Death Row prisoners or those with life sentences quite frequently. At least one of the Menendez brothers married in prison. Ted Bundy married his (delusional) sweetheart as well. Richard Ramirez, the "Night Stalker"? Married in prison.

    This issue actually went before the Supreme Court. They ruled that EVEN THOUGH THE RELATIONSHIP MAY NEVER BE PHYSICALLY "CONSUMMATED" (and thus children are literally impossible) that the marital RELATIONSHIP is so important and intrinsic that it cannot be denied to prisoners, who have had almost every other right (including voting) removed.

    But gay couples of many decades can't marry. Legally they're "just friends."

    Makes you feel all warm and fuzzy, doesn't it?

    Posted by: Caliban | Nov 15, 2013 10:54:02 AM


  20. now that gay marriages are happening in Hawaii, can we have a big fat pig roast with Bob McDermott on the spit??

    Posted by: Nathan | Dec 2, 2013 8:29:35 PM


  21. Good job to India..., one of the MOST..., 'educated' countries in the world..., for JUST..., RECRIMINALIZING..., A B O M I N A T I O N !!! A N D ..., to Australia..., for JUST...,
    R E J E C T I N G the
    F A G G O T ' S..., 'attempt' at
    P E R V E R T I N G ..., marriage there!!!

    Posted by: John Lutz | Dec 17, 2013 8:35:24 PM


  22. Well you may think Bob is wrong or right. He however did not use the hateful language of both sides in this argument. I have seen anti Christian, Anti Catholic and Anti Marine Statements which are just so prejudiced it reminds me of the riots as a kid in DC. If a Church is willing to perform the ceremony then it is no ones business. My wife and I were married 38 years ago in the Commonwealth of Canada under British law. We were given a Civil Union with Reciprocal benefits which Hawaii provides all people and asked if we wanted a Marriage Certificate. My wife was a Methodist and I was apparently a horrible person since I am Catholic. We were married by the Justice who put on a collar and was a Unitarian. It is sad to see such crude comments for a man who is Veteran and you just say all Marines like buggering. I don't hate any of you I just feel sorry that we all seem to have so little respect and Aloha in Hawaii. Thirty years ago you would never have seen such Pilau language. Just because you disagree with someone doesn't mean you must hate them. Both political parties are very disappointing as they have perpetuated this hatred. I would be much more upset by the Patriot Act which is treasonous and both parties have Okayed it. Please be kind to each other. A mind is like a parachute it only works if it is open.

    Posted by: Brian F. Jordan | May 6, 2014 4:26:44 AM


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