BGLSTA Applauds Hawaii Ruling

Members of Harvard's gay community praised the decision by a Circuit Court Judge in Hawaii which moved that state one step closer to recognizing same-sex marriages.

On Tuesday, Judge Kevin S. C. Chang made a landmark decision, ruling that lawyers for the State of Hawaii failed to make a clear case for the current ban on gay and lesbian marriages.

Members of the Bisexual, Gay, Lesbian and Transgendered Supporter's Alliance (BGLTSA) said they were excited by the judge's ruling.

"Obviously, I'm ecstatic," said BGLTSA Co-Chair Jane I. Aceituno '98. "It's a very important step forward."

And fellow co-chair Jonathan M. Harlow '99 said, "It's about time that a state in this country awarded equal rights to all its citizens."

Jay M. Dickerson '98, president of the Harvard Republican Club was not as enthusiastic about the decision, and he said the ruling was expected.

"I'm not surprised by this ruling," he said. "The Congress anticipated that the courts in Hawaii would rule this way, that's why they passed the Defense of Marriage Act."

The Defense of Marriage Act (DOMA), which was introduced by Republican Rep. Bob Barr (R-Ga.), passed the Congress last summmer and was signed into law by President Clinton.

DOMA allows states not to recognize same-sex marriages even though they may be declared legal in other states.

Previous law mandated reciprocation with respect to marriage recognition. Critics have argued that the law violates the Constitution's "full faith and credit" clause.

Supporters said the ruling will be appealed and that implementation in Hawaii is months away.

"We recognize that this is going to become a two-pong battle," Harlow said.

The legalization effort will take place on a state by state basis and be joined on the federal level with the fight to bring down DOMA, he said.

The witnesses for the state's case in support of the ban criticized the ability of gay couples to raise children. The judge, however, sided with the gay couples' expert witnesses who argued that quality of the parenting was more important than the sexual orientation of the parents.

The state's attorneys made no effort to use moral grounds in their argument for the ban.

Dickerson said opponents of same-sex marriages might borrow strategy from the Congressional debate on DOMA for future court battles.

"It's likely the case will be made that marriage is a sacred Institution whereby men and women are joined in the sight of God," he said

The witnesses for the state's case in support of the ban criticized the ability of gay couples to raise children. The judge, however, sided with the gay couples' expert witnesses who argued that quality of the parenting was more important than the sexual orientation of the parents.

The state's attorneys made no effort to use moral grounds in their argument for the ban.

Dickerson said opponents of same-sex marriages might borrow strategy from the Congressional debate on DOMA for future court battles.

"It's likely the case will be made that marriage is a sacred Institution whereby men and women are joined in the sight of God," he said