Hawaii gov. calls special session on gay marriage

Associated Press ^ | Sep 9, 2013 10:19 PM EDT | Oskar Garcia

[highball]

Yep, that’s my reading of it.

The language could be more clear, though, which will undoubtedly encourage all the lawyers.

[kaehurowing]

The key, first, is that it purports to give limited protection to ministers and churches, so long as they marry *only* their own members (think about it, that means if you go to the church, the only women you can legally marry in a ceremony in your church are those in your own congregation, which to me seems to be a problem in itself).

But the kicker is that none of the so-called protections apply if your church is deemed to be a “public accommodation.” Public accommodation is defined very broadly in Hawaii, there is no restriction to being a business or charging money. So long as you invite members of the public to use your facilities (even if you don’t charge them anything) you are a public accommodation. So the Attorney General and Civil Rights Commission have already testified before the Legislature that if a church invites the public to its services or advertises things like Christmas or Easter services, that makes them a public accommodation. The testimony has been that if the churches want protection, they must become the equivalent of “members only” private clubs.

Here’s the definition of public accommodation in Hawaii:

“’Place of public accommodation’ means a business,
accommodation, refreshment, entertainment, recreation, or transportation facility of any kind whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the general public as customers, clients, or visitors.” (HRS section 489-2)

You will see there is no restriction to commercial activities, or money being charged. If you allow members of the public to attend your church, you fall under the law, and then cannot discriminate on the basis of sexual orientation, etc.

Obviously big First Amendment problems, but that is where it is at in Hawaii. There is already a case pending in the Civil Rights Commission (has been pending 3 years without decision) as to whether the Roman Catholic Church must allow same-sex ceremonies in one of its chapels that it allowed the public to come pray in. http://www.usccb.org/issues-and-action/religious-liberty/upload/Same-Sex-Marriage-Fact-Sheet-Updated.pdf (Just as another example, think of all the old Spanish mission churches in California that are kept open for people to pray in or tourists to walk through. In Hawaii, if you let people see your church like that, arguably you would have to allow them to have same-sex ceremonies there.)