Rainbow Law has a document package designed to protect same-sex partners in Hawaii. We offer 9 unique Affordable Document Packages, Individual Legal Documents and FREE Advance Directives to help protect your rights and the rights of your family. To order a legal document package that complies with Hawaii law, hover your mouse over the “Buy A Package” link in the top menu and click on the package that best suits your needs in the drop-down list. If you’re not sure what package is right for you, click this link and we’ll help you figure out what you need.
Hawaii recognizes the right of gay and lesbian couples to marry. And because the US Supreme Court overturned parts of the Defense of Marriage Act (DOMA), the federal government also recognizes LGBT marriages. This means same-sex married couples living in Hawaii are eligible for all rights and benefits afforded to heterosexual married couples.
Here is a run-down on Hawaii law affecting the LGBTQ community:
1 Recognition of Same-Sex Relationships: Same-sex marriage in Hawaii became legal and performable on December 2, 2013. The Hawaii State Legislature held a special session beginning October 28, 2013 and passed a bill legalizing same-sex marriage. Governor Neil Abercrombie signed Hawaii Senate Bill 1 on November 13; same-sex couples began marrying on December 2, 2013.
In addition to the option of marriage, Hawaii also currently allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide only a limited set of rights. Same-sex marriage was previously not allowed under state law, and lawful out-of-state same-sex marriages were considered civil unions in Hawaii.
To date, sixteen states – CA, CT, DE, HI, IA, IL, ME, MD, MA, MN, NH, NJ, NY, RI, VT, and WA – plus Washington, D.C. have the freedom to marry for same-sex couples.
2 Adoption Law: Hawaii allows individuals to adopt and has no explicit prohibition on adoption by same-sex couples or on second-parent adoption by a person of the same sex as the first parent. Additionally, lesbian couples can get access to IVF and artificial insemination treatment.
3 Anti-Discrimination Law: Hawaii law explicitly prohibits discrimination based on both sexual orientation and gender identity or expression in employment, public accommodations and housing. Hawaii has a law that addresses hate crime protection for both actual and/or perceived sexual orientation and gender identity or expression.
4 Sodomy Law: Hawaii repealed its sodomy law in April 1972.
5Gender Identity: Hawaii’s Department of Health will issue a new birth certificate to a post-operative transsexual upon receipt of a physician’s affidavit verifying that the birth registrant has undergone sex-reassignment surgery.
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