While the question of whether civil unions will be legal in Hawaii rests with Gov. Linda Lingle, Maui County lawmakers cheered its passage in the state House of Representatives last week.
While most supported the bill on the grounds of civil and equal rights for same-sex couples, others noted that it also would allow heterosexual couples to form legal unions without being married.
State Rep. Joe Souki, who represents residents of Kahakuloa, Wailuku and Waikapu, stood alone among Maui lawmakers in voting against the measure. He was terse in explaining why, saying simply that, being a Catholic, it was a "personal thing."
Sen. J. Kalani English, whose district covers East Maui, Upcountry, Molokai and Lanai, was similarly to the point, although from the opposite point of view.
"I supported it all the way," he said. "I hope our governor signs it."
Enthusiastic support for civil unions came from South Maui Rep. Joe Bertram III, saying he was "very pleased" it was passed by the House in a straight up-or-down vote.
That way, he said, House members could show "either you support civil rights or you don't."
If the measure becomes law, committed couples - whether they are the same sex or heterosexual - could enter into a civil union contract, Bertram said, and enjoy many of the benefits of married couples. Those include visitation rights in hospitals, holding joint custody of children, and other rights and benefits enjoyed by married couples, he said.
West Maui Rep. Angus McKelvey said he voted against an earlier House version of the civil unions bill because it was only applicable to same-sex couples. But when it was amended to include heterosexual couples in the Senate, McKelvey said he supported the measure.
"You don't end discrimination by discriminating, creating a special class of people," he said.
McKelvey contended that civil unions would empower traditional marriage because it would give some couples not ready for marriage an option for a contractual relationship. Then, if the relationship didn't work out, couples could dissolve their civil union without going through the "pain and stigma of divorce," he said.
When France began permitting civil unions, the divorce rate there dropped 25 percent, McKelvey said.
Traditional marriage has become "like a revolving door," he said, with some people going through cycles of marriages and divorces. With a civil union, people would have time together to see if they're "willing to make a commitment to God, family and society" in marriage, he said.
Sen. Roz Baker, whose district includes West and South Maui, said she wasn't surprised the House took up the civil-unions bill in the waning moments of the session.
"They did a good job. I'm proud of them," she said. "Equal rights under the law is what we're supposed to be all about."
Central Maui Sen. Shan Tsutsui agreed.
"It's important that - whether heterosexual or homosexual - that people be treated equally under all state laws," he said. "I think this measure provides that."
But, he said, there has been some confusion about the measure.
"This is not a same-sex marriage bill," Tsutsui said, pointing out that it allows civil unions between same-sex and heterosexual couples. "It still upholds marriage between one man and one woman."
Rep. Gil Keith-Agaran, whose district includes a portion of Wailuku, Kahului and lower Paia, said the civil unions bill surfaced in the House at nearly the last minute because legislators agreed to work on education, Furlough Friday and budget issues first.
He said his vote in favor of the bill was rooted in his belief that "all residents are entitled to the same rights and liberties . . . I believe that's what the Constitution calls for."
The civil unions bill passed the House by a vote of 31-20, with the majority three votes shy of meeting the 34 votes needed to override a potential veto by the governor. Lingle has not said whether she would reject or sign the bill into law.
Bertram said he hoped that Lingle would allow the bill to go into law without her signature.
That option would allow Lingle to take a middle ground, which would be "easiest and politically astute," he said. "It stays above the fray."
Lingle has until July 6 to make a decision.
* Brian Perry can be reached at citydesk@mauinews.com.
