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ACLU of Hawaii Hails Hawaii Supreme Court Victory Invalidating Ballot Question As Unconstitutional
September 2, 2005

Honolulu - The American Civil Liberties Union of Hawaii (ACLU of Hawaii) today cheered a decision by the Hawaii Supreme Court invalidating Ballot Question 1 of the 2004 general election because of significant procedural errors made by the state Legislature.

“The decision is a great victory for the Hawaii Constitution. The Hawaii Supreme Court reaffirmed that the Constitution is of a higher order than other laws and as such must be given due respect. Constitutional amendments must be clearly identified and subjected to a full and robust public debate,” said Lois K. Perrin, Legal Director of the ACLU of Hawaii.

Ballot Question 1, entitled “Continuous Sexual Assault,” did not start out as a constitutional amendment but instead changed into one very late in the legislative process. The ACLU of Hawaii argued that the legislature’s failure to properly give the public ample notice and opportunity to comment on a proposed change to a document as important as the Constitution violated several requirements, including that the proposed amendment pass three readings in each chamber.

“A disturbing trend has emerged in Hawaii where our Constitution has become a target for diminishing rights rather than a beacon for protecting them,” said cooperating attorney Earle A. Partington. “The Supreme Court made clear that procedures to amend the Constitution must be followed strictly and without short-cuts. Our democratic system demands nothing less.”

Lead plaintiff Patrick Taomae added, “The Hawaii Supreme Court’s decision sends a clear message to the Legislature that their duty to the public is to carefully review proposed constitutional amendments.”

The ACLU of Hawaii’s lawsuit was brought on behalf of 38 registered-voters and is the second victory of its kind. The ACLU won its challenge to the information charging constitutional amendment that was on the ballot in 2002 on similar procedural grounds.


Related Information:
Change denied in constitution (Honolulu Advertiser)
Assault amendment voided (Star Bulletin)
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