LGBTQ history in Hawaii

Under Kamehameha III, the Blue Laws were enacted in 1833,[1] prohibiting a number of activities which were common to the Hawaiian population.

An explicit sodomy law was enacted in 1850, punishing offenders with a fine of up to $1,000 and confinement at hard labor for up to 20 years.

The 1949 "disorderly conduct" law enacted in the Territory also prohibited solicitation or loitering of same-sex sexual favors in public places.

Among other things, the revision retained the abrogation of common-law crimes, eliminated the solicitation provision of the disorderly conduct law, abolished the crime against nature law and set varying ages of consent for different sexual activities.

The court remanded the case to the trial court, instructing that "in accordance with the 'strict scrutiny' standard, the burden will rest on Lewin to overcome the presumption that HRS § 572-1 [the state's marriage statute] is unconstitutional by demonstrating that it furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgments of constitutional rights.

[5] The following day Chang stayed his ruling, acknowledging the "legally untenable" position couples would be in should the Hawaii Supreme Court reverse him on appeal.

Accordingly, whether or not in the past it was violative of the equal protection clause in the foregoing respect, HRS § 572-1 no longer is.

Because the remedy sought by the plaintiffs – access to marriage licenses – was no longer available, this reversed Chang's ruling and remanded the case for entry of judgment in favor of the defendant.

In 2006, Joe Bertram became the first openly LGBT member of the Hawaii State Legislature, serving in the office until 2011.

Then-governor Linda Lingle vetoed the bill on July 6, saying that such matters regarding same-sex unions should be decided by a referendum.

[15] Blake Oshiro became the first openly gay majority leader in the House of Representatives on May 3, 2010, during the debate over the bill.

The honorable Dan Foley, who now serves as Intermediate Court of Appeals judge in Hawaii, presided over the marriage ceremony.