Hawaii voters will consider two constitutional amendments

JAMM AQUINO / SEPT. 11 The bill proposing the constitutional change was presented by the President of the Chamber, Scott Saiki, who fought for the legalization of same-sex marriage in 2013, despite fierce opposition from some religious organizations and their members.

JAMM AQUINO / SEPT. 11 The bill proposing the constitutional change was presented by the President of the Chamber, Scott Saiki, who fought for the legalization of same-sex marriage in 2013, despite fierce opposition from some religious organizations and their members.

Stay up to date on Hawaii and national election coverage Voters will decide whether to change Hawaii’s Constitution to make the selection of District Court judges similar to how superior court judges are chosen — and whether to rescind the capacity of lawmakers to limit marriage to opposite-sex couples.

Marriage equality – commonly known as same-sex marriage – became legal in Hawaii in 2013, in part, after public opinion saw a dramatic turnaround in support for same-sex marriages.

But at a time when 69% of people in Hawaii opposed same-sex marriage, voters in 1998 gave the Legislature the power to limit marriages to opposite-sex couples.

Although same-sex marriage is now legal, lawmakers still have the ability to ban it.

The last session of lawmakers approved a bill to propose a constitutional amendment that would remove them from power.

Thus, the November 5th election polls will ask voters a one-sentence question: “Should the state constitution be amended to revoke the legislature’s authority to reserve marriage for opposite-sex couples?”

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The bill proposing the constitutional change was presented by the president of the Chamber, Scott Saiki, who fought for the legalization of same-sex marriage in 2013, despite strong opposition from some religious organizations and their members.

Voters’ decision to revoke the Legislature’s ability to reverse same-sex marriages could represent the end of Saiki’s 30-year political career.

He lost re-election in the Democratic Party primary on August 10 and will leave office on November 5, the same day as the general election.

Voters will also have the option of a second constitutional amendment that would bring the selection of district court judges more in line with the selection of superior court judges.

District Court judges would still be selected by the Hawaii chief justice from a list provided by the Judicial Selection Commission. And the governor would still select judges for the Hawaii Circuit Courts, the Intermediate Court of Appeals and the Supreme Court from a list provided by the Judicial Selection Commission.

All judicial appointments face Senate confirmation.

But the details of the process differ between how district court judges and superior court judges are approved.

Therefore, voters will be asked: “Will the Constitution of the State of Hawaii be amended to make the process for nominating and confirming district court judges the same as the process for nominating and confirming supreme court and intermediate court of appeals judges and district courts, which would require:

“(1) The Judicial Selection Committee shall submit to the Chief Justice a list of not less than four and not more than six nominees for a vacancy:

“(2) A district court appointee shall be automatically deemed to be appointed if the Senate does not reject the nomination within thirty days after receipt of notice of nomination:

“(3) The Chief Justice will make another appointment from the list of district court nominees within ten days if the Senate rejects a nomination; and “(4) What nomination and consent procedure will be followed until a valid nomination is made, or failing that, will the Judicial Selection Committee make the appointment from the list of nominees without the consent of the Senate?”