This is a partial list of the legal marriage laws in the State of Hawaii. These 62 rights and responsibilities — out of some 160 laws that are triggered by legal marriage — show the variety of societal and business interactions built into legal marriage. This list provides a glimpse of what is at stake by the denial of access to legal marriage.
While all states generally cover similar legal areas, there are state-by-state differences. Besides the state laws, the U.S. Federal system also has more than 1,138 laws which are triggered by legal marriage. [See U.S. Federal Laws for the Legally Married.]
Almost all states offer some form of the following marital rights:
- to not be forced to testify in court against each other;
- ability to make medical decisions on each other’s behalf;
- to seek wrongful death compensation;
- access to a decedent’s estate in the absence of a will;
- to maintain life and disability insurance on a spouse;
- eligibility for worker’s compensation death benefits; and
- to automatically hold property as tenants in common.
The following are specific law references derived from a brief filed in the case of Baehr v. Lewin (which became Baehr v. Miike and later Baehr v. Anderson), which sued the state of Hawaii to allow same-sex marriage in 1991. The suit won a ruling that same-sex marriage would be required under the state constitution in December 1996 [See Hawaii Court Finding]. However, the case was finally lost in a final ruling in December, 1999. [See Legal Marriage Court Cases — A Timeline.]
- accidental death benefit for surviving spouse for government employee, H.R.S [Section] 88-85;
- airport relocation assistance for displaced persons, H.R.S [Section] 261-31 (definition of “family”);
- appointment as guardian of minor, H.R.S [Section] 551-2;
- assistance to displaced persons, H.R.S [Section] 111-2;
- award of child custody in divorce proceedings, H.R.S [Sections] 571-46, 571-46.1;
- beneficial owner status of corporate securities, H.R.S [Section] 417E-1;
- bill of rights for victims and witnesses, H.R.S [Sections] 801D-2 (definition of “surviving immediate family members”), 801D-4
- burial of servicemen’s dependents, H.R.S [Sections] 363-5(3)(4), 363-7;
- consent to a postmortem examination, H.R.S [Section] 453-15;
- continuation of rights under existing homestead leases, certificates of occupation, rights to purchase leases and cash free hold agreements concerning the management and disposition of public land, H.R.S [Section] 171-99;
- control, division, acquisition, and disposition of community property, H.R.S [Sections] 510-5, 510-6, 510-9, 510-10, 510-22, 510-23;
- criminal injuries compensation, H.R.S [Section] 351-2 (definition of “relative”);
- death benefit for surviving spouse of government employee, H.R.S [Section] 88-286;
- disclosure of vital statistics records, H.R.S [Section] 338-18;
- division of property after dissolution of marriage, H.R.S [Section] 580-56;
- eligibility for housing opportunity allowance program of the Housing Finance and Development Corporation, H.R.S [Section] 201E-145;
- exemption from claims of Department of Human Services for social services payments, financial assistance, or burial payments, H.R.S [Section] 346-37;
- exemption from conveyance tax, H.R.S [Section] 247-3(4);
- exemption from real property lien of Department of Human Services of allowance to surviving spouse, H.R.S [Section] 346-29.5(c);
- exemption from regulations of condominium sales to owner-occupants, H.R.S [Section] 514A-108;
- funeral leave for government employees, H.R.S [Section] 79-13;
- homes of totally disabled veterans exempt from property taxes, H.R.S [Section] 246-29;
- income tax deductions, credits, rates, exemptions, and estimates, H.R.S [Sections] 235-1, 235-2.4(a), 235-4, 235-7, 235-7.5, 235-51, 235-52, 235-54, 235-55.6, 235-61, 235-93, 235-97;
- inheritance of land patent, H.R.S [Section] 172-11;
- insurance licenses, coverage, eligibility, and benefits, H.R.S [Sections] 431:9-233, 431:10-206, 431:10-232, 431:10-234, 431:10A-103, 431:10A-116.5, 431:10A-401, 431:10A-403, 431:10C-103, 431:10C-304, 431:10D-104, 431:10D-114, 431:10D-201, 431:10D-203, 431-10D-212, 431:10D-308, 431N-1;
- lease of agricultural parks, H.R.S [Section] 166-6(2);
- legal status and the rights, privileges, duties, and obligations of a child, H.R.S [Sections] 338-1, 338-21;
- lower hunting license fee, H.R.S [Section] 183D-22(1);
- making, revoking, and objecting to anatomical gifts, H.R.S [Section] 327-3(a)(1);
- non-resident tuition deferential waiver, H.R.S [Section] 304-4(b);
- notice of guardian ad litem proceedings, H.R.S [Section] 346-237(3);
- notice to probate proceeding , rights by way of dower or curtesy, right to inherit property, H.R.S [Sections] 533-1, 533-3, 533-4, 533-6, 533-7, 533-8, 533-16;
- organization of mutual benefits society, H.R.S [Section] 432:1-104(2)(a)(i);
- payment of wages to relative of deceased employee, H.R.S [Section] 388-4;
- payment of worker’s compensation benefits after death, H.R.S [Sections] 386-34, 386-41, 386-42, 386-43;
- permission to make arrangements for the burial or cremation, H.R.S [Section] 346-15(d);
- public assistance from the Department of Human Services, H.R.S [Section] 346-29;
- proof of business partnership, H.R.S [Section] 425-4;
- qualification as facility for the elderly, H.R.S [Section] 524-1 (definition of “facility”);
- real property exempt from attachment or execution, H.R.S [Sections] 651-91(1), 651-92(a)(1), 651-121(1);
- right to be notified of parole or escape of inmate, H.R.S [Sections] 706-670.5, 706-673;
- right to change name, H.R.S [Section] 574-5(a)(3);
- right to enter into premarital agreement, H.R.S [Section] 572D-1;
- right to file action for nonsupport, H.R.S [Section] 575-3;
- right to gasoline dealer franchise, H.R.S [Section] 486H-9;
- right to sue for tort and death by wrongful act, H.R.S [Sections] 663-1, 663-3;
- right to support after divorce, H.R.S [Section] 580-47;
- right to support from spouse, H.R.S [Section] 572-24;
- right of survivorship to custodial trust, H.R.S [Section] 554B-6;
- rights and proceedings for involuntary hospitalization and treatment, H.R.S [Sections] 334-1, 334-60.4, 334-60.5, 334-125;
- rights to notice, protection, benefits and inheritance under the Uniform Probate Code, H.R.S [Sections] 560:1-201, 560:2-102, 560:2-103, 560:2-109, 560:2-201, 560:2-207, 560:2-401, 560:2-402, 560:2-403, 560:2-404, 560:2-508, 560:2-802, 560:3-101, 560:3-203, 560:3-303, 560:3-403, 560:3-109, 560:3-902, 560:3-906, 560:3-1212, 560:5-103, 560:5-210, 560:5-301, 560:5-309, 560:5-311, 560:5-410, 560:5-422, 560:5-601, 560:6-107;
- sole interest on property, H.R.S [Section] 516-181(b);
- spousal privilege and confidential marital communications, H.R.S [Section] 626-1, Rule 505 of the Hawaii Rules of Evidence;
- status of children, H.R.S [Sections] 577-14, 577-15, 557-25, 577-26, 577A-3;
- succession to Hawaii Homes Commission leases, Hawaii Homes Commission Act [Section] 209.
- support payments in divorce action, H.R.S [Section] 571-52;
- tax relief for natural disaster losses, H.R.S [Section] 234-9;
- travel and transportation expenses of government employees, H.R.S. [Section] 83-8;
- vacation allowance on termination of public employment by death, H.R.S [Section] 79-7;
- veteran’s preference to spouse in the public employment, H.R.S. [Section] 76-103;
- vitro fertilization procedure coverage, H.R.S [Section] 432:1-604;
- waiver of fees for certified copies and and searches of vital statistics, H.R.S [Section] 338-14;
|
None of these regulations governing marriage rights and responsibilities are available to same-sex partners.
|
Governments that offer Legal Marriage
|
|
|
|
The Sweet Corn Shop
|
|
|
Products that affirm self-esteem and social equality.
A smart variety of Bumper Stickers and Buttons
for political impact, plus Mugs and Teddy Bears.
Purchases help support Partners’ efforts.
|
|
|
|
|