Requisites of valid marriage contract.
In order to make valid the marriage contract, which shall be only between a man and a woman, it shall be necessary that:
(1) The respective parties do not stand in relation to each other of ancestor and descendant of any degree whatsoever, brother and sister of the half as well as to the whole blood, uncle and niece, aunt and nephew, whether the relationship is the result of the issue of parents married or not married to each other;
(2) Each of the parties at the time of contracting the marriage is at least sixteen years of age; provided that with the written approval of the family court of the circuit within which the minor resides, it shall be lawful for a person under the age of sixteen years, but in no event under the age of fifteen years, to marry, subject to section 572-2;
(3) The man does not at the time have any lawful wife living and that the woman does not at the time have any lawful husband living;
(4) Consent of neither party to the marriage has been obtained by force, duress, or fraud;
(5) Neither of the parties is a person afflicted with any loathsome disease concealed from, and unknown to, the other party;
(6) The man and woman to be married in the State shall have duly obtained a license for that purpose from the agent appointed to grant marriage licenses; and
(7) The marriage ceremony be performed in the State by a person or society with a valid license to solemnize marriages and the man and the woman to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony.
(Hawaii Statutes section 572-1)
Contracted without the State.
Marriages between a man and a woman legal in the country where contracted shall be held legal in the courts of this State.
(Hawaii Statutes section 572-3)
The legislature shall have the power to reserve marriage to opposite-sex couples.
(Hawaii Constitution Article 1, § 23)
Baehr v. Lewin, 852 P.2d 44 (Haw. 1993)
The Hawaii Supreme Court held that there is no fundamental right to same-sex “marriage,” but also held that the homosexuals’ claim of sex discrimination was subject to a strict scrutiny test, with the burden of proof on the state. After remand and a trial, the trial court ruled in 1996 that Hawaii’s marriage laws violated the state’s Equal Rights Amendment. The decision, which was the catalyst for federal DOMA, was overturned by a constitutional amendment.