# 2024 Hawaii Amendment 1

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A referendum on the Amendment 1 to the Constitution of Hawaii was held on 5 November 2024. The amendment repealed the Hawaii's legislature's ability to limit marriage to heterosexual couples, reversing the 1998 Hawaii Amendment 2. The majority of the voters backed the measure; it succeeded in all four of Hawaii's major counties. The wording of the ballot language proved confusing to a number of voters, who were unsure of what the amendment accomplished. The amendment passed simultaneously with similar ones in California and Colorado.

## Background

In 1993, the Supreme Court of Hawaii ruled that a ban on same-sex marriage violated the state's constitution in Baehr v. Miike. However in 1998, Amendment 2 was approved via a referendum, allowing the Hawaii legislature to ban same-sex marriage. Hawaii ultimately legalized same-sex marriage in 2013, becoming the 15th state to do so and preceding the Obergefell v. Hodges by two years. Following the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization and hints by Supreme Court Justice Clarence Thomas towards reconsidering Obergefell v. Hodges, activists have raised concerns over the ruling's future. Ballot measures in Hawaii, California and Colorado were intended to safeguard same-sex marriage if the decision was ever overturned.

## Legislative process

In 2023, a coalition of local organizations was formed to repeal Constitutional Amendment 2. Senator Chris Lee and Representative Adrian Tam announced their support for the campaign and pledged to push for the passage of legislation repealing the amendment. A constitutional amendment was introduced to the State Legislature on January 24, 2024 by Representative Scott Saiki. It passed the House on March 5 by 43 votes to 6, and the Senate on April 9 by 24 votes to 1. Senator Mike Gabbard, well-known for his opposition to same-sex marriage in the 1990s, gave a public apology in the Senate Judiciary Committee and voted to repeal the amendment in the final vote on the Senate floor. As Amendment 1, it was approved on November 5, 2024 with 56% of the vote. Constitutional amendments require a majority of all votes cast; taking the blank votes and overvotes into account, the measure passed by 51–40 percent. It was approved in all counties except Kalawao, and on all islands except Niihau and Molokai.
March 5, 2024 vote in the Hawaii House of Representatives :
| Political affiliation | Voted for | Voted against | Absent (Did not vote) |
| Democratic Party | 42 Micah AiuTerez AmatoDella Au BelattiCory ChunLuke EvslinSonny GanadenCedric GatesMark HashemDaniel HoltNatalia Hussey-BurdickGreggor IlaganLinda IchiyamaKirstin KahaloaJeanné KapelaDarius KilaLisa KitagawaBertrand KobayashiTrish La ChicaRachele LamosaoNicole LowenLisa MartenRose MartinezScot MatayoshiTyson MiyakeMay MizunoDee MorikawaNadine NakamuraMark NakashimaScott NishimotoRichard OnishiAmy PerrusoMahina PoepoeSean QuinlanScott SaikiJackson SayamaGregg TakayamaJenna TakenouchiAndrew Takuya GarrettAdrian TamDavid TarnasChris Toshiro ToddKyle Yamashita | 1 Sam Satoru Kong | 2 Elle CochranJustin Woodson |
| Republican Party | 1 Kanani Souza | 5 David AlcosDiamond GarciaLauren MatsumotoElijah PierickGene Ward | – |
| Total | 43 | 6 | 2 |
| Total | 84.3% | 11.8% | 3.9% |
April 9, 2024 vote in the Hawaii Senate :
| Political affiliation | Voted for | Voted against | Absent (Did not vote) |
| Democratic Party | 23 Henry AquinoStanley ChangLynn DeCoiteDonovan Dela CruzBrandon ElefanteCarol FukunagaMike GabbardTroy HashimotoLes Ihara Jr.Lorraine InouyeDru KanuhaJarrett KeohokaloleMichelle KidaniRon KouchiChris LeeAngus McKelveyDonna Mercado KimSharon MoriwakiKarl RhoadsTim Richards IIIJoy San BuenaventuraMaile ShimabukuroGlenn Wakai | – | – |
| Republican Party | 1 Brenton Awa | 1 Kurt Fevella | – |
| Total | 24 | 1 | 0 |
| Total | 96.0% | 4.0% | 0.0% |

## Position
### Parties

The Democratic Party of Hawaii backed the amendment, while the Republican Party of Hawaii neither endorsed nor opposed it.

### Current and former elected officials

Josh Green, the Governor of Hawaii, supported the amendment, as did the former Governors David Ige and John D. Waiheʻe III. It was also backed by Senator Brian Schatz and Representative Ed Case, as well as former Hawaiʻi Supreme Court Justice Steven Levinson and numerous other officials.

### Organizations

Organizations such as ACLU of Hawaiʻi, Japanese American Citizens League, Hawai`i LGBT Legacy Foundation, Hawai'i Health & Harm Reduction Center, Council For Native Hawaiian Advancement, Hawaii Civil Rights Commission, Change 23 Coalition, Papa Ola Lōkahi, Hawaii State Teachers Association, Hawai'i State AFL-CIO, Hawaii Workers Center, Hawaii Rainbow Chamber of Commerce, Rainbow Family 808, Highgate Hawaii, Equality HI, Common Cause Hawaii, O'ahu Jewish 'Ohana and Interfaith Alliance of Hawai'i supported the amendment.

## Results

As of November 13, 2024, State of Hawaii released a final summary of votes.

### Results by county

"Yes" performed moderately well across the state, winning four of five counties and performing the best in Hawai'i County. It earned its worst result in Kalawao County, which was the only county that "No" won.
| County | Yes, # | Yes, % | No, # | No, % |
| Hawai'i | 43,973 | 57.31% | 32,749 | 42.69% |
| Honolulu | 177,669 | 55.64% | 141,655 | 44.36% |
| Kalawao | 7 | 46.67% | 8 | 53.33% |
| Kauai | 14,167 | 54.06% | 12,039 | 45.94% |
| Maui | 32,229 | 56.61% | 24,699 | 43.39% |

#### By congressional district

"Yes" won both congressional districts.
| District | Hirono | McDermott | Representative |
| 1st | 57% | 43% | Ed Case |
| 2nd | 55% | 45% | Jill Tokuda |