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Judge rejects last minute lawsuit to stop Civil Unions in Hawaii January 1st



"Come the New Year couples can officially enter into Civil Unions in Hawaii.

"We have countless couples ready to enter into Civil Unions on January 1st and January 2nd," says Alan Spector, Equality Hawaii.

But, a lawsuit filed this week, tried to stop it from happening.

Emmanuel Temple, the House of Praise in Wahiawa and Lighthouse Outreach Assembly of God in Waipahu filed for a temporary restraining order and preliminary injunction to block the implementation of the Civil Union law, saying the law violates their civil rights and constitutional protections for religious freedom.

"The law hasn't even gone into effect yet and they're suing, claiming they will be forced to host Civil Union ceremonies in their churches when that hasn't happened," says Spector.

Supporters of Civil Unions say the motion for a TRO is frivolous.

"It's an attempt to make couples who are anticipating possibly the happiest moment in their lives, feel unsettled and unsure," says Valerie Smith, Equality Hawaii.

The state's response: "It is certainly cruel for Plaintiffs to wait until this late date to bring this action, knowing full well that many, many people have been looking forward to civil unions since the Governor signed it into law more than 10 months ago."

The church's attorney Shawn Luiz replied: "The state's position is absurd. The Church cannot be forced to allow its property to be used for a same-sex ceremony anymore than the Plaintiffs could be ordered to allow a civil union between a man and a woman on Church property."

After several hours going over the arguments, Federal Court Judge Michael Seabright denied the church's request for a TRO, but allowed the case to proceed.

"The meat of the case is still that Act 1 does not comply with the First Amendment as far as my clients are concerned," says Luiz. "We are still going to move ahead and do what we came here to do, make sure the state complies with the First Amendment."

"I'm glad that it's over. I thought of it as an unnecessary distraction and now we can forge ahead and follow-through with our plans and look forward to January 1st at midnight," says Smith.

A state web site that allows couples to register online for Civil Unions is scheduled to go live at midnight January 1st."

To apply online for a civil union go to: civilunion.ehawaii.gov

To apply online for marriage go to: marriage.ehawaii.gov/