Baehr v. Miike
Baehr v. Miike (originally Baehr v. Lewin) was a lawsuit in which three same-sex couples argued that Hawaii's prohibition of same-sex marriage violated the state constitution. Initiated in 1990, as the case moved through the state courts, the passage of an amendment to the state constitution in 1998 led to the dismissal of the case in 1999. The Full Faith and Credit Clause of the Constitution would have provided that all states would be potentially required to recognize marriages obtained in Hawaii, prompting the passage of the federal Defense of Marriage Act (DOMA) in 1996 under Bill Clinton. Dozens of statutes and constitutional amendments banning same-sex unions at the state level also followed Baehr.
| Baehr v. Miike | |
|---|---|
| Court | Supreme Court of Hawaii |
| Full case name | Ninia Baehr, Genora Dancel, Tammy Rodrigues, Antoinette Pregil, Pat Lagon, Jeseph Mellilo, Plaintiffs-Appellees v. Lawrence H. Miike, in his official capacity as Director of the Department of Health, State of Hawaii, Defendant-Appellant |
| Decided | December 9, 1999 |
| Citation(s) | Supreme Court of Hawaii No. 20371 |
| Case history | |
| Prior action(s) | Baehr v. Lewin, 74 Haw. 530, 852 P.2d 44 (1993), reconsideration and clarification granted in part, 74 Haw. 645, 852 P.2d 74 (1993) Baehr v. Miike, Circuit Court for the First Circuit, Hawaii No. 91-1394 |
| Court membership | |
| Judge(s) sitting | James S. Burns, Walter M. Heen, Robert G. Klein, Steven H. Levinson, Ronald Moon (original Justices) |
| Case opinions | |
| Passage of a state constitutional amendment empowering the state legislature to limit marriage to mixed-sex couples renders plaintiff-appellees' case moot. Circuit court reversed and remanded to enter judgment for defendant-appellant. | |
| Keywords | |
| Same-sex marriage, Equal protection | |
| Baehr v. Lewin (1993) Baehr v. Miike (1996, 1999) Constitutional Amendment 2 (1998) House Bill 444 (2009) Senate Bill 232 (2011) Hawaii Marriage Equality Act (2013) |
| Equality Hawaii |
| LGBT rights in the United States Same-sex marriage in Hawaii Reciprocal beneficiary relationships in Hawaii LGBT history in Hawaii |
| LGBT Portal |
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