The Baehr v. Lewin was a major controversial case that possessed a potential of sparking a nationwide implication. The Supreme Court held that the three same-sex couples had the right to an evidentiary hearing to decide whether the State can prove that denying the couple’s marriage rights under the Hawaii Marriage Law jeopardizes the state interests. Therefore if the state failed to demonstrate as was required by the court, then they would no longer be in a position to deny marriage licenses on the basis of same sex.
The plaintiff argued that that prohibition of the gay marriages was against the Hawaii's State Constitution. The three same-sex couples had all the requirements needed for marriage but could not be given a go ahead given that they were all of the same sex. The particular right that was under challenge in the case was ‘the right to marry.' The attorney general in denying the issuance of the marriage licensing application interpreted the laws as that the marriage was only legal for people of different sex. In protecting their interests, Hawaii outlined several guidelines as to why it opposed same-sex marriage. They include protecting the welfare and health of children, fostering the prospect of procreation, and protecting the recognition of Hawaii marriages among others. 1
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The plaintiff further based their arguments on article 1 of the Hawaii Constitution which guaranteed them the right to privacy. By denying them their right to gain access to the marriage license, the tenets of the due process were neglected. The respondent in the case who was Lewin made arguments with reference to the state laws which only contemplate marriage as a union involving a man and a woman. Also, the state laws on the marriage do not infringe on any of their individual private relationships.
Therefore, the Supreme Court made determinations that discrimination on the basis of marriage is an implication on the equal protection rights enshrined in article 1 of the Hawaii Constitution. Therefore the state was asked to demonstrate if same-sex marriage would implicate the state’s interest’s failure to which the issuance of the marriage license would proceed.
Bibliography
Kopels, Sandra. "Social injustice." Violence and Social Injustice against Lesbian, Gay, and Bisexual People (2014): 69.
