Commission on Sexual Orientation and the Law

Corporate body

Commission on Sexual Orientation and the Law

• COSOL

1994-1996

The Commission on Sexual Orientation and the Law (COSOL) was established by Act 217, Session Laws of Hawaii, 1994, primarily in response to the Hawaii Supreme Court opinion in Baehr v. Lewin, 74 Haw. 530, 852 P.2d 44 (1993). In Act 217 was a legislative finding that the marriage laws of Hawaii were intended for opposite sex couples only. It further found that any change to the marriage laws must come from either the legislature or a constitutional convention, not the judiciary.
Act 217 stated four purposes: to assert that the same-sex marriage question was one of policy, the exclusive purview of legislative bodies; to reiterate the intent of existing marriage law as applicable to male-female couples only; to assure that the state does not prevent religious organizations from solemnizing same-sex marriages; and to establish COSOL.
COSOL had three purposes: to "examine the precise legal and economic benefits extended to opposite-sex couples, but not to same-sex couples; [to] examine whether substantial public policy reasons exist to extend such benefits to same-sex couples and the reasons therefor; and [to] recommend appropriate action which may be taken by the legislature to extend such benefits to same-sex couples." COSOL was to submit a report of its findings not later than twenty days prior to the convening of the 1995 regular session.
COSOL of eleven members held its first meeting in November, 1994. Additional meeting were held, but only limited progress was made because of a court challenge to COSOL membership. Act 217 provided for COSOL to include members drawn from religious organizations. This provision was challenged in the U.S. District Court in McGivern, et al, vs. Waihee, et al (Civil no. 94-00843 HMF) as a violation of the constitutional prohibition of establishment of a religion. The challenge was upheld and in January, 1995, the four members of COSOL who were appointed from the Catholic Diocese and from the Church of Jesus Christ of Latter Day Saints were permanently enjoined by court order from further participation on COSOL. As a result, COSOL suspended operations and did not continue its work or submit its report as scheduled.
The 1995 legislature revised Act 217. By Act 5, Session Laws of Hawaii, 1995, the membership of COSOL excluded members from religious organizations, its purpose was reaffirmed and the deadline for submission of its report was extended by one year. In addition, it was mandated that COSOL cease to exist after July 1, 1996.
The new COSOL, conducted research and established a schedule to carry out its mission. It prepared a draft report by December, 1995, which was made public. It then held a public hearing and solicited public comments. The same-sex marriage issue was an emotional one with strongly held opinions, lacking middle ground. COSOL, and its report, reflected the community in its division into diametrically opposed views of the same issue.

SLH, 1994, Act 217
SLH, 1995, Act 5

Prepared 2000-01-24, Allen H. Hoof.

SLH, 1994, Act 217
SLH, 1995, Act 5

2021-04-19, Carol Kellett: Entered into AtoM.