2022 Hawaii Revised Statutes
Title 31. Family
572B. Civil Unions
- 572B-1 Definitions.
- 572B-2 Eligibility to enter into a civil union.
- 572B-3 Civil unions void; when.
- 572B-4 Solemnization; license to perform; refusal to join persons in a civil union.
- 572B-4.5 Rights held by reciprocal beneficiaries who enter into a civil union.
- 572B-5 Applicants for civil union; license required; limitations.
- 572B-6 Application for license for persons who wish to enter into a civil union; fee.
- 572B-7 Persons under control of conservator or guardian.
- 572B-8 Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit.
- 572B-9 Benefits, protections, and responsibilities.
- 572B-9.5 Religious organizations; exemption under certain circumstances. (a) Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union that is in violation of its religious beliefs or faith. (b) A religious organization or nonprofit organization operated, supervised, or controlled by a religious organization that, pursuant to this section, fails or refuses to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal. [L 2012, c 267, pt of §3; am L Sp 2013 2d, c 1, §8] Cross References Marriage, exemption for religious organizations, see §572-12.2. Case Notes Complaint challenging the constitutionality of the civil unions law was moot because Act 267, L 2012, amended the civil unions law retroactively to add an immunity provision [this section], which provided immunity for religious organizations that refused to make their facilities available for solemnizing civil unions. Granting leave to amend complaint would be futile because the action would remain nonjusticiable; plaintiffs did not demonstrate that they had standing or that the action was ripe. 903 F. Supp. 2d 1024 (2012).
- 572B-10 Unions performed in other jurisdictions.
- 572B-11 References and inclusions.
Civil union or reciprocal beneficiary relationship in existence before December 2, 2013, not invalidated by L Sp 2013 2d, c 1. L Sp 2013 2d, c 1, 11.
Cross References
Civil unions, public employees' retirement system, see 88-1.2.
Continuity of rights; civil union and reciprocal beneficiary relationships, see 572-1.7.
Law Journals and Reviews
Baehr v. Lewin and the Long Road to Marriage Equality. 33 UH L. Rev. 705 (2011).
Case Notes
The passage of the civil unions law did not render Hawaii's existing marriage laws irrational and unconstitutional. 884 F. Supp. 2d 1065 (2012).
Complaint challenging the constitutionality of the civil unions law was moot because Act 267, L 2012, amended the civil unions law retroactively to add an immunity provision [ 572B-9.5], which provided immunity for religious organizations that refused to make their facilities available for solemnizing civil unions. Granting leave to amend complaint would be futile because the action would remain nonjusticiable; plaintiffs did not demonstrate that they had standing or that the action was ripe. 903 F. Supp. 2d 1024 (2012).