STAND.
COM. REP. NO. 101
Honolulu, Hawaii
, 2023
RE: H.B. No. 485
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committee on Health & Homelessness, to which was referred H.B. No. 485 entitled:
"A BILL FOR AN ACT RELATING TO MARRIAGE,"
begs leave to report as follows:
The purpose of this measure is to require the Department of Health to issue new marriage certificates to reflect changes in both name and gender upon receipt of the required supporting documentation.
Your Committee received testimony in support of this measure
from the Hawai‘i Civil Rights Commission, Stonewall Caucus
of the Democratic Party of Hawai‘i, Hawai‘i
Health & Harm Reduction Center, North Shore Ko‘olau
Diversity Collective, Pilina Center for Wellbeing, and nineteen
individuals. Your Committee received
comments on this measure from the Department of Health.
Your Committee finds
that marriage certificates are vital records needed for handling domestic
affairs, such as health insurance, as well as legal and financial concerns,
such as filing taxes or arranging property succession or retirement benefits to
a spouse. Your Committee further finds
that under existing law, it is difficult and time consuming for those who have
completed a legal name and gender change to also change their gender
designation on a marriage certificate.
This measure is intended to reduce confusion and help address the stigma
associated with not having legal documents aligned with a person's gender
identity by allowing for the issuance of a new marriage certificate that
reflects changes to both the name and gender of the applicant.
Your
Committee has amended this measure by:
(1) Placing the new language in chapter 338,
Hawaii Revised Statutes, relating to vital statistics;
(2) Repealing language establishing a marriage
certificate as prima facie evidence of the fact of marriage in any proceeding
in any court;
(3) Changing the effective date to June 30, 3000,
to encourage further discussion; and
(4) Making technical, nonsubstantive amendments
for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Health & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 485, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 485, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Health & Homelessness,
|
|
____________________________ DELLA AU BELATTI, Chair |
|
|
|