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2024 Hawaii Amendment 1
November 5, 2024 (2024-11-05)
Hawaii Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment
A referendum on the Amendment 1 to the Constitution of Hawaii was held on 5 November 2024. The amendment repealed the Hawaii's legislature's ability to limit marriage to heterosexual couples,[2] reversing the 1998 Hawaii Amendment 2.[3] The voters backed the measure by 55.9%[4] of the valid votes; it succeeded in all four of Hawaii's major counties. The amendment passed simultaneously with similar ones in California and Colorado.[5][6]
Background
In 1993,[7] the Supreme Court of Hawaii ruled that a ban on same-sex marriage violated the state's constitution in Baehr v. Miike. However in 1998, Amendment 2 was approved via a referendum, allowing the Hawaii legislature to ban same-sex marriage.[8] Hawaii ultimately legalized same-sex marriage in 2013, becoming the 15th state to do so and preceding the Obergefell v. Hodges by two years.[9][10] Following the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization and hints by Supreme Court Justice Clarence Thomas towards reconsidering Obergefell v. Hodges,[11] activists have raised concerns over the ruling's future. Ballot measures in Hawaii, California and Colorado were intended to safeguard same-sex marriage if the decision was ever overturned.[12]
Legislative process
Votes in the House of Representatives, by district:
Voted for
Abstained/Not present
Against
Votes in the House of Representatives, by district:
Voted for
Abstained/Not present
Against
In 2023, a coalition of local organizations was formed to repeal Constitutional Amendment 2.[13] Senator Chris Lee and Representative Adrian Tam announced their support for the campaign and pledged to push for the passage of legislation repealing the amendment. A constitutional amendment was introduced to the State Legislature on January 24, 2024 by Representative Scott Saiki. It passed the House on March 5 by 43 votes to 6, and the Senate on April 9 by 24 votes to 1.[14][15][16][17] Senator Mike Gabbard, well known for his opposition to same-sex marriage in the 1990s, gave a public apology in the Senate Judiciary Committee and voted to repeal the amendment in the final vote on the Senate floor.[18] As Amendment 1, it was approved on November 5, 2024 with 56% of the vote.[a] Constitutional amendments require a majority of all votes cast; taking the blank votes and overvotes into account, the measure passed by 51–40 percent.[19][20] It was approved in all counties except Kalawao.[21]
Organizations such as ACLU of Hawaiʻi, Japanese American Citizens League, Hawai`i LGBT Legacy Foundation, Hawai'i Health & Harm Reduction Center, Council For Native Hawaiian Advancement, Hawaii Civil Rights Commission, Change 23 Coalition, Papa Ola Lōkahi, Hawaii State Teachers Association, Hawai'i State AFL-CIO, Hawaii Workers Center, Hawaii Rainbow Chamber of Commerce, Rainbow Family 808, Highgate Hawaii, Equality HI, Common Cause Hawaii, O'ahu Jewish 'Ohana and Interfaith Alliance of Hawai'i supported the amendment.[24][22]
Results
On November 5, 2024, at 7:00 PM HST, polls in Hawaii closed. On November 6, 2024, at 5:08 AM HST, with 99% of votes counted, the Associated Press projected, with 55.9% in favor, the passage of Amendment 1.[25]
Results by county
"Yes" performed moderately well across the state, winning all four counties and performing the best in Hawai'i County. It earned its worst result in Kauai County, which was also the weakest for Harris in the presidential election and second-weakest for Hirono in the election to Senate.[26]
