Section 23. The legislature shall have the power to reserve marriage to opposite-sex couples. [Add HB 117 (1997) and election Nov 3, 1998]
Attorney General Opinions
This section does not require that marriages be limited to opposite-sex couples. Instead the section provides that the legislature possesses the authority to limit marriages to opposite-sex couples by statute, should it choose to do so. Att. Gen. Op. 13-1.
Law Journals and Reviews
The Hawai‘i Marriage Amendment: Its Origins, Meaning and Fate. 22 UH L. Rev. 19.
The Future of Same-Sex Marriage. 22 UH L. Rev. 119.
The Fine Line Between Love and the Law: Hawaii's Attempt to Resolve the Same-Sex Marriage Issue. 22 UH L. Rev. 149.
The Defense of Marriage Act: Sex and the Citizen. 24 UH L. Rev. 279.
The Recognition of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, and Strategic Institutional Choice. 28 UH L. Rev. 23.
Free Exercise and Hybrid Rights: An Alternative Perspective on the Constitutionality of Same-Sex Marriage Bans. 29 UH L. Rev. 23.
Judicial Review and Sexual Freedom. 30 UH L. Rev. 1.
The State Marriage Cases: Implications for Hawai‘i's Marriage Equality Debate in the Post-Lawrence and Romer Era. 31 UH L. Rev. 653 (2009).
Tax Justice and Same-Sex Domestic Partner Health Benefits: An Analysis of the Tax Equity For Health Plan Beneficiaries Act. 32 UH L. Rev. 73 (2009).
Hawaii's marriage laws (this section and §572-1) are rationally related to legitimate government interests; thus, they do not violate the equal protection clause or the due process clause of the U.S. Constitution. 884 F. Supp. 2d 1065 (2012).