On December 3, 1996, Judge Kevin Chang issued a 46 page ruling. He has determined that "the State of Hawaii failed to show a compelling state interest to justify the continuation of the ban against same-sex marriages" (Chang). Same sex marriages are now theoretically legal in Hawaii. However, the state refused to recognize the courts decision until it was formally filed. The attorney general obtained a stay of Judge Chang's court order, pending a decision by the state Supreme Court. That decision is not expected until late 1997 or early 1998.
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The suggestion that the state has no real interest in marriage is a stunning repudiation of the unique contributions of heterosexual marriage to society, to the state, and to the individual--and particularly to children. The marriage of a man and woman has long been favored because it provides the most favorable setting in which to conceive and raise children. "Child development is skewed, scarred or retarded when a father or mother is absent in the household" (Fein). Children, moreover, are the most numerous (and most innocent) victims of the current cultural disintegration of marriage. Indeed, the impoverishment of children has been shown to be a direct result of changed in family structure that have undermined and destabilized marriage over the past three decades. To halt this trend the law should clearly and unequivocally convey the message that the best interest of a child demand both a mother and a father. In an era where fathers are abandoning their children in unprecedented numbers and where mothers are opting to parent without the support of a husband, it would be irresponsible to adopt a marital policy which sends the misleading message that a mother and a father are not both important to the welfare of children.
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All children long to connect emotionally with their parents, especially their same-sex parent. This relationship is a vital part in the process of growing to feel complete and secure as males and females.