Hawaii  

State Information

Government Website: http://www.ehawaiigov.org/

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage 1998 - State Law Passed.  1998 - Constitutional Amendment passed. 
State Law Prohibits/Voids Same Sex/Same Gender Marriage no  yes 
State Law Defines Marriage between a Man and a Woman yes  no 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States yes  no 
State Law States that Same Sex Marriage is not Aligned with State Public Policy no  no 
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife no  no 

Statutory Provision

Hawaii Revised Statutes Vol. 12, §572-1. Requisites of valid marriage contract.

In order to make valid the marriage contract, which shall be only between a man and a woman, it shall be necessary that:

     (1)  The respective parties do not stand in relation to each other of ancestor and descendant of any degree whatsoever, brother and sister of the half as well as to the whole blood, uncle and niece, aunt and nephew, whether the relationship is the result of the issue of parents married or not married to each other;

     (2)  Each of the parties at the time of contracting the marriage is at least sixteen years of age; provided that with the written approval of the family court of the circuit within which the minor resides, it shall be lawful for a person under the age of sixteen years, but in no event under the age of fifteen years, to marry, subject to section 572-2;

     (3)  The man does not at the time have any lawful wife living and that the woman does not at the time have any lawful husband living;

     (4)  Consent of neither party to the marriage has been obtained by force, duress, or fraud;

     (5)  Neither of the parties is a person afflicted with any loathsome disease concealed from, and unknown to, the other party;

     (6)  The man and woman to be married in the State shall have duly obtained a license for that purpose from the agent appointed to grant marriage licenses; and

     (7)  The marriage ceremony be performed in the State by a person or society with a valid license to solemnize marriages and the man and the woman to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony.

Constitutional Provision

Hawaii State Constitution. Art. I, § 23. Marriage.

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

U.S. Senators
US Senators and their Comments on FMA

Daniel Akaka, Democrat
http://akaka.senate.gov/
This senator voted against the federal DOMA in 1996 and against the Marriage Protection Amendment in 2004 and 2006.

Daniel Inouye, Democrat
http://inouye.senate.gov/
This senator voted against the federal DOMA in 1996 and against the Marriage Protection Amendment in 2004 and 2006.

State Public Policy Organizations Working on Marriage Issues

Hawaii Family Forum



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