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Anthropology 100 Final Personal Essay
Equal Opportunity for
Marriage: Extension
of Rights to Same-Sex
Marriages in HawaiÔi
Kit Fletcher Hill
It is unusual to offer acknowledgements in an
undergraduate paper, however, given the nature of
the topic and the research assistance offered, I feel
it is appropriate. IÕd like to thank Dr. Simon LeVay
for all his assistance. A simple comment made in
an email was the turning point. I also wish to thank
my interviewees for their cooperation, without
it, the paper would have lacked the necessary
personal perspective. IÕd like to also thank Dr. Momi
Naughton for her assistance. More importantly, I
wish to extend my sincerest gratitude to my family for
all their patience and understanding.
Laws exist to protect individuals against
discrimination based on gender, race, or sexual
orientation. These laws include protection from
discrimination when seeking employment, applying
for a mortgage, and buying or renting a home.
Recently, however, the laws in HawaiÔi did not protect
two individuals from housing discrimination and a
lawsuit against the University of HawaiÔi at Manoa
Housing has been Þled.
One can regard housing as a fundamental
need. Without it, we lack a foundation for life and
success nor do we have a safe haven and shelter. The
importance of housing led the HawaiÔi Legislation
to pass the Housing Act 2005, which bans housing
discrimination based on sexual orientation. The
lawsuit mentioned above claims a student and his
partner were denied married student housing on this
basis. In previous years, the housing application had
been approved. The student claims that he and his
partner were denied housing based on their samesex common law relationship, a clear violation of
the housing act, and a clear violation of their rights
regarding discrimination against who they are.
This paper will outline the legal status of
marriage for same-sex couples, and the new deÞnition
of marriage. The focus will be mainly on the
biological factors recently discovered that differentiate
homosexual physiology from heterosexual. This
paper will also review same-sex activity within the
Hawaiian royal court, the aliÔi and the historical
acceptance of same-sex activity. It is many scholars
contention that same-sex activity was acceptable until
the arrival of Cook and missionaries (Bettinger, 2007).
Personal interviews and correspondence will also be
included. The concluding argument will question the
purpose of marriage and the right to marry.
It is the argument of this paper that sexual
orientation is innate. Two mature individuals who
love each other and are committed to a monogamous
relationship should be allowed to ofÞcially declare
this commitment. In addition, this commitment
should be legally recognized with the extension of all
legal beneÞts and consequences.
Although sexual orientation is innate, restrictive
societal norms force some individuals to live within
a conÞning lifestyle. Legislation in some countries,
states and provinces are accepting the innate premise
by legalizing same-sex marriages and, more recently,
same-sex divorces. HawaiÔi Supreme Court initially
voted for same-sex marriages, which isnÕt surprising
considering same-sex activity has been part of
Hawaiian culture since antiquity. However, American
Federal Law squashed any hope though for same-sex
couples in HawaiÔi to be legally wed.
Legal aspects of same-sex marriages
Coolidge (1997) details the historical legal
battle same-sex couples in HawaiÔi have undertaken.
The Baehr lawsuit Þled in 1995 arguing for the right
of same-sex couples to apply for marriage licenses
was supported by the HawaiÔi Supreme Court. The
argument for same-sex marriage was initiated in
HawaiÔi and it seemed that ÒHawaiÔi was going to be
the pace-setter on this issueÓ (LeVay, 2008 personal
communication). However, the Supreme Court did
not want to interfere with local courtÕs decisions and
concluded that the lower courts had the Þnal say.
The legal status of same-sex unions in the state
of HawaiÔi, although confusing, is more accepting
than most states. Same-sex marriages are not
legal in HawaiÔi since the State 1998 Constitutional
Reform banned them. However, same-sex couples
in common-law unions are offered a subset of rights
(i.e. hospital visits, approval of organ donation and
inheritance without a will) under the law (Vestal,
missionaries (Bettinger, 2007). With the arrival of
Christianity, the missionaries inßuenced, or perhaps
forced, Hawaiians to adopt new standards and turn
their backs on a historically important role. This
has made it difÞcult for many individuals living in
HawaiÔi to truly be themselves. This was evident in
personal interviews and more evident in an interview
withdrawal.
Hawaiian antiquities are not the only place where
same-sex relations are historically recorded. They
were known in Native American societies (Sullivan,
2004) as well as in Chinese, Japanese and Filipino
histories (Online Tripod Source).
2008). There is no guarantee of beneÞts if the granting
head ofÞce is out-of-state because the 1996 Federal
Defense of Marriage Act states that one state does not
have to recognize another stateÕs marriage (Vanita,
2005). It seems, though, that such recognition is
intended for heterosexual marriages, as all states
recognize such marriages ofÞciated in other states.
Psychological and Biological Aspect
Until 1973, psychologists diagnosed
homosexuality as a mental disease. However,
psychologists are searching for answers to Þnd the
root of homosexuality. One theory involves the
fraternal birth-order: men who have old brothers are
somewhat more likely to be gay (Rose & others, 2002,
cited in Meyers, 2007, p489). Men who enter puberty
earlier are more likely to be gay, they are surrounded
by male peers, and entering puberty they are thought
to see these peers as attractive (Bogaert & others, 2002
cited in Meyers, 2007, p.489).
Investigators with the Kinsey Institute
interviewed 1,000 homosexuals and 500 heterosexuals.
Numerous possible psychological causes were
investigated: relationships with parents were
examined; childhood sexual experiences, adolescent
dating experiences and peer relations were also
examined. A cause was not revealed but investigators
did discover that the environmental factors did not
inßuence sexual orientation (Meyers, 2007, p488).
David Meyers (2007) outlines in his textbook
Psychology, used in many undergraduate psychology
classes, a very detailed table of correlates of sexual
orientation (Table 12.1, p491). These are only
tentative Þndings. Perhaps with the removal from the
Diagnostic and Statistical Manual of Mental Disorders
(DSM) more psychologists and neuroscientists are
freer to investigate biological inßuences. Prenatal
hormonal inßuences, genetic inßuences and most
importantly physiological differences are discussed.
Simon LeVayÕs 1991 postmortem study involved
dissection of hypothalamuses. He discovered that the
hypothalamus in homosexual men was smaller and
denser than that of heterosexual men. This indicates
a physiological difference.
Personal Interview
Scholarly review was essential for this paper;
however a personal interview revealed the
importance of legalizing same-sex marriages here in
HawaiÔi. The interview was conducted on March 17,
2008. Oral consent was granted by the interviewee.
Questions were based on anthropological research
from Barbara MillerÕs book Cultural Anthropology, (p
246). The interviewee known as D.H. is of Hawaiian,
Chinese, German and Portuguese descent, raised in
HawaiÔi. D.H. is in a long term same-sex partnership.
The two have established a solid relationship with
shared bank accounts and rental lease. However,
health beneÞts have not been extended by either
employer to the partner. D.H. shared that it was
known shortly after high school graduation that a
heterosexual relationship was not fulÞlling. D.H.
also shared that not all family members knew their
true sexual orientation. Older members of the family
have not been informed; it is believed that the older
generation would not be as accepting as others have
been. Older generations are more likely to accept
traditional deÞnitions of marriage.
Working DeÞnition of Marriage
Traditional deÞnitions of marriage were intended
to legitimize procreation. They are, however,
conÞning in their lack of acceptance of innate
alternative sexual orientation and omit childless
heterosexual unions. Marriage is not solely for
procreation, it is a commitment between two
individuals that love each other and who wish to have
their union publicly known and legally recognized.
Many countries have legalized same-sex
marriage. Same-sex marriages are legal in Spain,
Canada, Belgium, the Netherlands and South
Africa (Johnson, 2007). One can imagine that these
countries are aware of all the evidence over the
past two decades that suggest sexual orientation
can be biological in origin. Canada is one country
Hawaiian Antiquities
The notion of gender roles is not absolute in
pre-contact HawaiÔi. There was no stereotyping, no
concrete gender roles. Women accompanied men
into battle. Men were inßuential in the royal court,
politically, but also in an important sexual context:
the role of aikane, meaning "treasured one," in a
same-sex relationship. The acceptance of aikane in
the political, social and sexual realm did not sit well
with Captain CookÕs sailors nor with subsequent
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Conclusion
that legalizes same-sex marriages and, in doing so,
the Canadian Oxford Dictionary has modiÞed the
deÞnition of marriage to include legal union between
two people (Vanita, 2005).
For those countries and states that do not
recognize same-sex marriages why do they oppose
same-sex marriages? Opponents believe that
homosexuality threatens monogamy. In his study
investigating relationship stability, Glenn Roisman
and his colleagues (2008) found that those involved
in homosexual relationships were the most stable, the
most committed.
Opponents of same-sex marriages have argued
that homosexuality is a passing phase. Opponents
have also argued that children are inßuenced by their
parentsÕ sexual orientation. Gregory Herek (2007)
argues that after examination of marriage rates in
European countries legalizing same-sex marriages
that divorce rates have not increased. Same-sex
couples are not marrying on some whim and then
realizing their mistakes and obtained a divorce.
Herek also argues no study has shown evidence that
children suffer abuse from same-sex marriages.
Same-sex relations have been recorded
throughout history. The ßuid deÞnition of sexuality
in Hawaiian history frightened ethnocentric European
travelers. Outside religious inßuence discouraged
aikane relations. ScientiÞc evidence has shown that
homosexuality is innate. Environmental factors do not
cause homosexuality.
Sexual orientation is innate; however, restricted
societal norms force some individuals to live another
lifestyle. Legislation in some countries is accepting
the innate premise by legalizing same-sex marriages.
The state of HawaiÔi has created legal unions for
same-sex couples that offer varying subsets of rights
and responsibilities. These limitations, however,
are not imposed on heterosexual marriages: these
limitations discriminate. Laws protect against
discrimination. One can not be discriminated against
based upon hair color, skin color, or gender: all
biological factors. Sexual orientation has recently
been determined to be a biological factor.
Marriage is a mutual commitment between two
people who love each other. Legal courts should
offer the right for any two consenting adults to marry
and have their union recognized.
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