Hawaiʻi’s journey toward marriage equality is rich and multifaceted. It’s been shaped by remarkable individuals and their intertwined stories.
HONOLULU (KHON2) — Hawaiʻi’s journey toward marriage equality is rich and multifaceted. It’s been shaped by remarkable individuals and their intertwined stories.
And a new exhibit at the Aliʻiōlani Hale, which is home to the Hawaiʻi Supreme Court, showcases the people and the stories of Hawaiʻi that led to a major transformation not just for the United States, but the entire world. The exhibit is part of the Lei Pua ʻAla project which is focused on preserving Hawaiʻi’s long and multifaceted queer history.
So, what is it all about?
At the forefront are Judge Daniel Foley and Justice Steven Levinson. Filmmakers Dean Hamer and Joe Wilson have taken on the task of documenting Hawaiʻi’s struggle for equality, while Justice Sabrina McKenna continues to play a crucial role in advancing civil rights in the state.
Their collective efforts illuminate how Hawaiʻi became a leader in this movement by setting a precedent that would echo across the nation and the rest of the world.
Judge Foley, who was a civil rights attorney at the time, argued the landmark case Baehr v. Miike in 1993. It was a pivotal step toward recognizing same-sex marriage in the United States.
“I was the attorney that filed Hawaiʻi’s Same-Sex Marriage Case back in 1991,” he recalled, reflecting on the arduous journey it took to bring this issue into the public eye.
His legal expertise and tenacity culminated in a Hawaiʻi Supreme Court ruling that favored same-sex marriage, but the path was not straightforward. The court ultimately sent the case back to the trial court to determine whether the state had a compelling interest in banning same-sex marriage.
“We prevailed there in September of 1996,” he noted, acknowledging that while progress had been made, challenges lay ahead.
Judge Foley’s involvement extended beyond the courtroom; he passionately advocated for the dignity and rights of 2SLGBTQ+ individuals. He represented three couples who sought marriage licenses throughout the 1990s and emphasized the importance of understanding Hawaiʻi’s complex history regarding same-sex relationships.
“Homophobia was not part of Native Hawaiian tradition,” he asserted, explaining how same-sex unions were recognized and respected within the culture. Judge Foley illustrated how these traditions were disrupted by the arrival of Christian missionaries who imposed rigid Euro-centric views on sexuality that altered the fundamental indigenous social fabric of the islands.
Reflecting on public reaction to the ruling, Judge Foley admitted, “I was surprised by the negative response.”
He had hoped that Hawaiʻi’s rich traditions, with their inherent acceptance of diverse relationships, would foster greater understanding.
“When I started the case, there was no same-sex marriage anywhere in the country or in the world,” he explained, highlighting the unique position Hawaiʻi held in the national conversation on marriage equality.
Justice Levinson, who authored the Hawaiʻi Supreme Court’s majority opinion in Baehr v. Miike, offered his perspective on the significance of the case.
“It was clear to me from the moment I digested what the appeal was about that this was a once-in-a-lifetime kind of opportunity,” he said, recalling his excitement at being involved in such a historic ruling.
Justice Levinson felt a profound responsibility to ensure that the court’s decision reflected the values of justice and equality.
“I got excited about it very early,” he added, expressing the thrill of being part of a transformative moment in the legal landscape.
Justice Levinson’s work not only paved the way for marriage equality in Hawaiʻi but also inspired movements across the nation.
He noted, “Had it not begun here in Hawaiʻi, we wouldn’t have marriage equality today in all 50 states and 39 countries around the world.”
The impact of this case reverberated far beyond the islands, showcasing how a single legal decision could catalyze widespread change. Justice Levinson emphasized the importance of an exhibition at the court’s rotunda that celebrates this history.
“The exhibit could not have existed 30 years ago,” he remarked. “It’s revolutionary in the history of the court and in the history of modern Hawaiʻi society.”
Justice Sabrina McKenna, who has served on the Supreme Court since 2011, is another vital figure in this narrative.
Her judicial career began in 1993 after serving as a law professor and building strong connections with the 2SLGBTQ+ community.
“I taught my students about the trial court decision in Baehr v. Miike and had them write appellate briefs,” she recalled, highlighting the case’s significance in shaping future legal minds.
The engagement of her students in mock oral arguments reflected a growing awareness of 2SLGBTQ issues within the legal education system.
Justice McKenna’s own journey of coming out in the workplace began in 1991 when the Hawaiʻi legislature passed a law prohibiting discrimination against 2SLGBTQ+ individuals.
“I really wasn’t comfortable coming out at work until then,” she noted, reflecting on the fears that many 2SLGBTQ individuals experienced at the time.
The passage of this law marked a monumental change in Hawaiʻi, allowing her and others to feel safer being themselves.
“It was liberating to know that I could be myself at work,” she added, underscoring the law’s impact on her personal and professional life.
When the Baehr v. Miike decision came out, Justice McKenna felt a surge of hope.
“It was just amazing,” she recalled. “It strengthened my resolve to try to become a judge in the state.”
Her aspirations to be part of a system that accepted her fully came to fruition when she was appointed as a district court judge later that year. This appointment represented a significant milestone, not just for her but for the 2SLGBTQ+ community in Hawaiʻi.
Justice McKenna emphasized the significance of Baehr v. Miike beyond just marriage.
“It wasn’t just about marriage; it was about being recognized, being accepted and knowing we would become first-class citizens,” she stated, articulating a broader vision of equality.
Before this decision, many 2SLGBTQ+ individuals felt like second-class citizens. They faced ridicule and discrimination. Justice McKenna shared a painful memory that illustrated the challenges of that time.
“I remember a friend of mine, a lesbian, who was slow dancing with her male best friend at a club. The management approached her and said, ‘We don’t allow two men dancing together,” she recalled. This incident was not just humiliating; it reflected a broader culture of discrimination that permeated social spaces.
Justice McKenna expressed pride in how far things have come since those days.
“Things have really changed for the better,” she said, pointing to the cultural shifts in public opinion regarding 2SLGBTQ+ rights.
“The exhibit at the courthouse is amazing. It gives a great history of LGBTQ contributions in Hawaiʻi, starting with the ancient Hawaiians.” She emphasized that the acceptance of māhū and queer relationships was part of Hawaiʻi’s tradition long before Western influences introduced restrictive laws.
“From 1850 on, we had a sodomy law for about 100 years, but this exhibit provides a wonderful recap of queer history in Hawaiʻi,” Justice McKenna explained.
As part of the ongoing effort to document and celebrate this history, filmmakers Dean Hamer and Joe Wilson are dedicated to uncovering Hawaiʻi’s queer history through their project, Queer Histories of Hawaiʻi. Dean Hamer is a scientist and filmmaker; and along with his husband, Wilson, they focus on stories that often go unrecognized, especially those tied to Hawaiian culture.
“Our project grew from the work we’ve been doing to explore the rich history of queer people in Hawaiʻi,” Wilson added.
Hamer and Wilson have sought to highlight diverse narratives surrounding gender and sexuality in Hawaiʻi. They discussed the legend of four boulders on Waikīkī Beach that honor dual-spirited healers from Tahiti, known as māhū.
“Even though Hawaiians once celebrated these dual-spirited healers, modern times have seen a suppression of these stories,” Hamer said, emphasizing the need to reclaim and celebrate this history.
He stressed the importance of understanding the historical timeline for 2SLGBTQ+ rights in Hawaiʻi, from ancient times to statehood and beyond.
Their current work includes an exhibition at the Aliʻiōlani Hale, which is home to the Hawaiʻi Supreme Court, and marks a significant moment in 2SLGBTQ+ rights history.
“This exhibit will showcase how the legal landscape for gender and sexuality has shifted over the years,” Wilson explained.
They aim to reveal how various social and religious factors influenced the lives of queer people in Hawaiʻi.
“Each group brought different views on gender and love,” Wilson emphasized, illustrating the cultural mosaic that defines Hawaiʻi.
As they continue their work, Hamer and Wilson hope to inspire others to learn about and celebrate the diverse stories that have shaped Hawaiʻi. By bringing these histories to light, they are documenting the past and paving the way for a more inclusive future.
“It’s about ensuring that everyone feels seen and valued in our shared history,” Hamer concluded, echoing the sentiments of many advocates for equality.
Despite the challenges faced, queer individuals have always sought love and acceptance.
“From legendary times to the present, they’ve tried to be together just like anyone else,” Hamer said.
He recounted a poignant story of a couple who married in 1922 but faced deportation because one partner was identified as māhū, a term for those with a non-binary gender identity.
“Our research shows that queer people have always been here, trying to love freely,” Wilson emphasized, pointing to the resilience of 2SLGBTQ+ individuals throughout history.
The history of 2SLGBTQ+ rights in Hawaiʻi is complex and marked by significant cultural shifts.
Wilson explained, “Prior to foreign influences, Hawaiian culture was open to diverse gender expressions. Same-sex relationships were common and even celebrated.”
This acceptance began to change in the 1820s when missionaries imposed stricter views on sexuality.
“By 1850, laws against sodomy were written into Hawaiʻi’s legal code. These laws stayed in place until 1972,” Hamer noted, illustrating how legal frameworks affected queer individuals over time.
Judge Foley recognized the importance of these narratives in shaping the movement. He explained how various oppressed groups, particularly Japanese, Chinese and Filipino workers, began to organize for their rights.
“Their struggles for dignity and justice laid the groundwork for future LGBTQ rights movements in Hawaiʻi,” he said. “We are all interconnected in this fight for equality.”
As Justice McKenna later reflected, the fight for equality is ongoing.
“It’s about recognizing everyone as equal, and that’s a fight worth continuing.” Her sentiment echoes the spirit of advocacy and community support that has driven Hawaiʻi’s progress in 2SLGBTQ rights.
Together, these stories reflect a legacy of resilience and transformation, showcasing how far Hawaiʻi has come and the work that still lies ahead.
You can see the exhibit for free at the Aliʻiōlani Hale, which is home to the Hawaiʻi Supreme Court, through the end of 2024. You can click here to learn more about the Lei Pua ʻAla project and here to learn more about Aliʻiōlani Hale.
On Tuesday, Oct. 1, the Aliʻiōlani Hale hosted a queer justice roundtable discussion with Justices Levinson and McKenna, Judge Foley and documentarians Hamer and Wilson to open the exhibit and to give people a chance to experience the story firsthand. You can click here to watch the video from the event.
The efforts of Judge Foley, Justice Levinson, Justice McKenna, Hamer and Wilson exemplify the dedication and courage needed to ensure civil rights remain accessible for all peoples for all time.