Twister
April 29th, 2009 by Derrick DePledgeActivists delivered petitions to the state Senate today from more than 7,300 people urging senators to take action on a civil-unions bill.
Fifteen professors from the University of Hawaii William S. Richardson School of Law have also sent a letter to senators claiming fears the bill might trigger a constitutional challenge that would lead to same-sex marriage are unfounded.
Jo-Ann Adams, an attorney and Democratic Party of Hawaii activist, also had an op-ed published in the Honolulu Star-Bulletin calling out state Senate President Colleen Hanabusa, D-21st (Nänäkuli, Mäkaha), for not moving the bill.
Insiders say the activists are attempting to blame Hanabusa alone for the setback in the Senate, a strategy that could force the president to dig in to protect her leadership faction.
Asked whether the bill might still come to the floor this session, Hanabusa said:
It’s not going to happen. I haven’t heard any discussion among the caucus and as far as I’m concerned the caucus position still stands. They want to look at amendments. They want to look at it over the interim. That’s what the majority position is.
State Sen. Brian Taniguchi, D-10th (Mänoa, McCully), the chairman of the Senate Judiciary and Government Operations Committee, gave a similar answer:
I think the idea is that people wanted to have the opportunity to work on amendments, so we would look at spending the interim working on that and seeing what happens. The best-case cenario for us is for all the parties to say, `Yeah.’ There would be some people who would disagree, but if we could get significant support from the so-called moderate religious community. That’s the dream. Realistically, we may not get an agreement. But I think we need to go through that process of trying to see if we can hammer something out.
If we don’t, and HB444 is the best vehicle, then we’ll come to that conclusion next session.
Taniguchi said he would not make a motion to recall the bill from his committee this session. Asked how he would vote if someone else were to make the motion, Taniguchi said he would want to discuss that scenario with majority Democrats in caucus.
Update: Activists delivered more than 10,000 petitions to the Senate clerk today.
April 30th, 2009 at 7:09 am
I gotta confessed to being EXTREMELY disappointed with the dishonesty and cowardice I have witnessed from Democratic senators this session. I say that as someone who has invested a lot of time down at the Lege over the years, working on getting legislation passed and developing relationships with the legislators.
Both Hanabusa and Taniguchi made explicit commitments to help pass the civil unions bill which they have reneged on. Hanabusa had supported the bill until shortly after the large and lengthy JGO hearing when she changed her mind and started undermining support for the bill among other senators. Every politician has a right to change their mind, but the honorable thing to do is to explain your new thinking to those to whom you have made commitments. For several weeks during the most critical period of discussions on the bill, she refused repeated requests from CU advocates to meet with her.
For about three weeks prior to the vote on the motion to recall HB444, Brian Taniguchi repeatedly told CU advocates he would vote FOR the motion, "with reservations."
Neither Hanabusa nor Taniguchi can provide a policy explanation for their change of heart. Talk about developing a "compromise bill" are simply a cover for delay. Neither Hanabusa nor Taniguchi have been able to articulate the policy content of a desirable compromise bill.
Hanabusa's claim that passage of the current draft of HB444 would likely lead to a lawsuit for full marriage is lawyerly misdirection. In reality, HB444 would REDUCE the state's vulnerability to a lawsuit as it would provide the same rights and benefits to same gender couples as marriage while honoring the intent of the 1998 Constitutional Amendment granting the Lege the power to reserve "marriage" to opposite sex couples. It is the FAILURE of the Legislature (under Hanabusa's leadership, by the way) to create such a legal status which prolong's the state's legal exposure.
The senators like to THINK they are not being influenced by the large demonstrations of the redshirts mobilized by the Religious Right, so they offer us nonsensical explanations for their change of mind. And they tell us they are committed to pass the bill out next year. This is total nonsense. They were intimidated this year, 18 months from the next election, yet they say they will be able to approach the issue more courageously in an election year? NOBODY on either side of this issue believes them.
If they pass anything next year, it will be a watered down version of the bill--essentially adding a few more rights to the reciprocal benefits law and calling it "civil unions." While Hawaii's cowardly legislators have been dithering, several other states have moved ahead and approved either full marriage equality or civil unions. Where Hawaii was once at the lead of progressive legislatures, the current generation of spineless Democratic "leadership" has dithered and cowered, wasting our time and energy, angering a wide swath of the public on both sides and rewarded the redshirts for their mob tactics.
There is still time for the Senate to approve civil unions this session, but it requires senators to elevate the principle of "Equal Protection" over their own principle of "A$$ Protection."
If HB444 is not passed this year, Hanabusa and Taniguchi will manage to turn it into one of the major issues in the 2010 elections, inflating the influence of rightwing "social issue" mobilization in those elections. Had it passed this year, people would hav adjusted to it by the fall of 2010, reducing its effectiveness as a "red meat" issue.
As a Democrat of about the same vintage as Hanabusa and Taniguchi, I know we grew up in the shadow of Jack Kennedy's expectation that we aspire to being "Profiles in Courage." I don't think the public is as rightwing as Hanabusa seems to think it is, so I don't think passing HB444 rises to the level of a career threatening moral choice. But the FAILURE to pass the bill, only because the Red Shirts have mobilized, is certainly a "Profile in Cowardice."
There is still time for EACH senator to do the right thing and vote to pass HB444 with one of the various procedural options available to them.
This vote WILL go on "Your Permanent Record."
April 30th, 2009 at 7:33 am
Senate President Colleen Hanabusa’s statements are duplicitous at best. The caucus knows what the president wants – she wants to kill HB444 and everyone in the caucus is being pressured to support her wishes.
Speak individually with caucus members and you soon discover that a majority are in support of the substance of the issue and would vote in support TODAY if only Hanabusa would allow that to happen.
Thinking that the caucus will work on amendments during the interim pass and pass an amended version next year is simply delusional. Even if the Senate were able to pass an amended version in 2010, the House having already done the initial heavy lifting by passing a good bill this year, will not climb back into this contentious debate in an election year.
Hanabusa continues to block the vote by doing what she does best. She uses her legal skills and nonsensical mumbo jumbo to plant doubt and obfuscate the issue, then she and a handful of her core supporters engage in a not so subtle arm twisting and intimidation of caucus members – All the while looking straight into the camera insisting that she supports civil unions while blaming Chair Brian Taniguchi and the caucus for its failure to pass.
The whole affair stinks to high heaven.
April 30th, 2009 at 8:34 am
Kolea:
As someone who agrees with you, I still have to defend Taniguchi, Hanabusa, and others who are, quite frankly, intimidated by the Redshirts. We really need to let legislators know that we support them.
This issue goes back to the early nineties. I can remember how a similar gang influenced the legislative vote leading to the 1998 Constitutional Amendment.
However, we managed to get rid of Terence Tom during that same election year. We lived in Kane`ohe at the time in his district and what a joy it was to vote him out of office!
Staffers in many offices were following into the bathrooms and harangued; they were followed as they went out for lunch and harangued; they were intimidated as they went to their cars late at night by people standing with signs 30 feet away who then got into their own cars and followed workers for a few blocks after leaving the Capitol.
Sometimes it's difficult to defend the First Amendment after observing behavior like this, but I will.
Still, we need to find a solution that works - and threatening the people who are scared by Redshirts is not the way.
April 30th, 2009 at 9:51 am
Kolea, you should realize that the extreme pro-civil union advocates, like yourself, can be your own worst enemy. Whoever came up with the great plan to personally attack the people you need to support you just earned themselves the award for dumbest political strategist.
April 30th, 2009 at 9:56 am
Sen. Taniguchi risks NOTHING by doing the right thing here. He represents one of the most liberal districts in the State so there is no risk that doing the right thing will cost him his seat (in fact, failing to do so may cost him more votes). He has expressed no aspirations to higher office like Hanabusa so there is no risk that doing the right thing will cost him an election for such an office. While I detest Hanabusa's handling of this issue for myriad reasons, she at least can say that doing the right thing threatens her aspirations to become Governor, Congressperson, whatever, NOT that this kind of excuse represents a legitimate reason to not do the right thing. That's why I am so much more disappointed in Taniguchi than Hanabusa. I expect it from her; I didn't expect it from him.
April 30th, 2009 at 10:12 am
Here's a thought -- is it possible that Sen. Taniguchi is trying to protect other Senators?
I'm in complete agreement with Kolea but also agree with Capitol -ist. Let's not throw the baby out with the bathwater, folks. Getting mad at Cayetano and taking it out on Mazie didn't exactly turn out very well, right?
April 30th, 2009 at 12:04 pm
You've hit the nail on the head. Self-interest, coupled with political cowardice and a general disdain for the party platform are driving the sheep in the Senate. Words cannot express my disappointment. After sitting through insults by incoherent churchgoing lemmings during public hearings, I cannot believe that our legislators are tugging collective forelock and bowing out of the ring. I can't help but wonder what deal with devil drove Hanabusa into the ditch. It's clear that she's holding her caucus by a short leash. If rumblings that she threatened Gary Hooser's leadership position because of his support for civil unions are indeed true, then she's forgotten her debt; before the 2008 session only Gary's intervention protected Hanabusa's precarious position as senate president. He undoubtedly rues his decision. Beware the dog--or, in this case, bitch--that pees on its owner!
April 30th, 2009 at 5:40 pm
I've seen this before, in the 60's. Except then the Klan wore white sheets and hoods instead of red T's. They too wore a cross and swore "God wanted things that way." They too had key bigots on committees to block justice. They too failed to realize just how violent their actions were against deserving American Citizens. In the end, their hate betrayed them and we overcame, and WE will overcome again.
April 30th, 2009 at 10:17 pm
Capitolist,
I have to disagree regarding the appropriate response to the betrayals of Hanabusa and Taniguchi. As I said, I recognize the right, even necessity, for politicians to change their minds, even for less than noble reasons (like being re-elected). But in interpersonal relationships, whether business, politics or friendship, I think people are obliged to explain why they need to be released from their promises. Hanabusa very dramatically refused to meet with the CU advocates and level with them. That is dishonorable behavior in any sphere of life-- politics is no different.
Some on the left delight in the expression, "Speak Truth to Power!" OK, that's cute. But I am just trying to speak truth ABOUT power, how it behaves and how it misbehaves. Much of the mis-behavior depends upon plausible deniability and mutually agreed upon diplomatic fictions. Here the fictions are "gotta respect the committee process," and "the majority of the caucus wants to find a compromise" and "the Senate President will support whatever the JGO chair decides." Each of those fictions obscures the truth and we do no favors by participating in the charade.
Hanabusa, and Taniguchi, need to be "held to account" for their actions, or inactions. I don't exaggerate the power of either the liberal-progressive activists or the gay and lesbian community. Their numbers are not so great. But those small minorities, if they act in concert with a clear understanding of who are their friends and who has betrayed them, CAN leveerage that influence, particularly in Democratic primaries.
Brian Taniguchi is safe in his district and I don't advocate people giving him a primary challenge, though I think it is entirely proper for progressives/liberals and gay-friendly folks to chastise him and make him feel guilty. He should feel guilty.
Hanabusa is more vulnerable to liberal/gay hostility, particularly if she hopes to run for higher office. If liberals & gays are consolidated against Hanabusa, it can hurt her ambitions. Your suggestion that we should express support for her helps obscure her role and prevent a unified opposition to her.
If liberals can NEVER punish those who play a lead role in defeating progressive legislation because we are always so forgiving and "nice," we forfeit a significant tool for legislative change. We are not their punks; we will not be sissies in the face of bullies.
Hanabusa IS a bully within the senate, but more importantly, she has enabled the bullies of the redshirt mob to shout down equal rights for gays and lesbians. If you sincerely believe Hanabusa has any interest in passing a strong Civil Union bill next session after her cowardice and betrayal this year, you are welcome to take over the small part I have played in working for the legislation. You are welcome to feel the betrayal first hand and then we can discuss the need to express "support" for these duplicitous schmucks.
May 1st, 2009 at 8:02 am
Capitol - istwassupdoc - and many, many other's just don't get it.
It is not fear of the red shirts, but fear of Hanabusa that drives the inaction of the majority senators.
As someone who has worked at the capitol for many years, and who speaks with many of the legislators in the senate and the house on a regular basis - it is clear and obvious that most of them would like to vote and pass HB444 but are afraid of crossing the senate president.
These guys are caught between voting the principle and supporting their leader. She is the main one who is afraid of the red shirts - certainly not Taniguchi, Takamine, Tokuda, English, Hee...and the list goes on. These senators and others are not afraid of the christian right but they are afraid of violateing the internal senate protocol and afraid of angering Hanabusa. This is really the sad and depressing reality of the situation.
May 4th, 2009 at 5:27 pm
I think, if the queer communities want to get Civil Unions in Hawaii, that we are going to have to go back to the court system. We need to start putting together a lawsuit or two. That doesn't mean we should stop doing the great political organizing and outreach that is being done. Keep doing the outreach and the legislator contact, and get some lawsuits cranked up.
May 5th, 2009 at 8:38 am
Hanabusa's refusal to pass the bill pretty much necessitates a lawsuit unless advocates are willing to wait two years for Civil Unions to pass. The current version of HB444 would remove the basis for a suit by providing "equal protection" for same gender couples.
A water-down CU bill, along the lines Espero was proposing, would ensure a lawsuit, as would failure to pass anything.
It is an amazing shame when citizens have to go to court to force the Senators to do what they admit is the right thing to do, but are too cowardly/careerist to do on their own.
As part of her effort to prevent passage of the bill, Hanabusa promulgated the misinformation that passage of HB444 would increase the chance of a lawsuit against the state. The irony is, failure to pass the bill will probably force a lawsuit.
Too bad Hanabusa, Taniguchi, Tsutsui and Tokuda won't be forced to pay for the state's legal bills out of their own pockets, since the costs will result from their legislative malpractice.