Upholding the Constitution

Some people forget that elected officials not only get to make policy but in doing so we actually have to uphold the federal and state constitutions.  And, sometimes it means not succumbing to the tyranny of a “perceived” majority.  At the State Capitol today, two events touch on issues that circle back to fundamental rights and protections in our Hawaii State Constitution.

At 9:00 a.m. I will be participating in a press conference marking the 37^th anniversary of the landmark U.S.Supreme Court decision in Roe v. Wade.  This year also marks 40 years of reproductive freedom in Hawaii.  In 1970 Hawaii became the first state in the nation to legislatively decriminalize abortion.

Here is what I plan to say:

There is no doubt in my mind that the ultimate goal is that abortion procedures should be rare but can be safely performed.  I think we can all agree that we hope that a girl or woman would never have to be placed in a position to make this decision.  That is why legislators like myself, and many others in our bi-partisan Women’s Caucus advocate for choice but also strongly advocate for access to affordable health care that covers reproductive health needs to include contraceptives, especially emergency contraceptives and support educational opportunities for girls and women.

I am proud to be the primary introducer of a 2006 bill that became Act 35 which took affirmative steps to amend outdated language in Hawaii’s abortion statutes to ensure full access to abortion services where “The State shall not deny or interfere with a female’s right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female.”

This is a right that is protected by Article I, Section 6 of Hawaii’s State Constitution where the drafters of the amendment stated:

“By amending the Constitution to include a separate and distinct privacy right, it is the intent of your Committee to insure that privacy is treated as a fundamental right for purposes of constitutional analysis . . . [T]his privacy concept encompasses the notion that in certain highly personal and intimate matters, the individual should be afforded freedom of choice absent a compelling state interest.” (Committee of the Whole Rep. No. 15, in 1 Proceedings of the Constitutional Convention of Hawaii of 1978, at 1024 (1980)).

At 11:30 a.m. the Senate will be debating House Bill 444, relating to civil unions – where our State constitution provides for equal protection.

In much the same way as freedom of choice, Hawaii was one of the first states to take on the issue of marriage equality for same-sex couples as a matter of equal rights.  House Bill 444 allows same-sex couples to enter into a civil union, which provides for the same rights, responsibilities, and privileges under the law as opposite-sex couples, no more and no less.

And so, as I take this day not only to observe important milestones and events but also to reflect on what my responsibilities are as a legislator to uphold the federal and state constitutions and its specific crafting to protect each individual’s rights and privileges.   Clearly these types of laws or legislation make a clear distinction between the role of a government that protects the rights of all and those who simply wish to express their religious viewpoints.