SB 1284: PROPOSING AN AMENDMENT TO ARTICLE 1, SECTION 5, OF THE HAWAII CONSTITUTION RELATING TO DUE PROCESS AND EQUAL PROTECTION.

A BILL FOR AN ACT

PROPOSING AN AMENDMENT TO ARTICLE 1, SECTION 5, OF THE HAWAII CONSTITUTION RELATING TO DUE PROCESS AND EQUAL PROTECTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Article 1, section 5, of the Constitution of the State of Hawaii is amended to read as follows:

"DUE PROCESS AND EQUAL PROTECTION

     Section 5.  No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, ethnicity, age, disability, religion, [sex or] national ancestry[.], sex, sexual orientation, gender identity or pregnancy and pregnancy outcomes."

     SECTION 2.  The question to be printed on the ballot shall be as follows:

     "Shall the state constitution be amended to clarify that no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, ethnicity, age, disability, religion, national ancestry, sex, sexual orientation, gender identity, or pregnancy and pregnancy outcomes?" 

     SECTION 3.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 4.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

Report Title:

Constitutional Amendment; Due Process; Equal Protection; Discrimination

Description:

Proposes a constitutional amendment to prohibit discrimination against a person because of ethnicity, age, disability, religion, national ancestry, sex, sexual orientation, gender identity, or pregnancy and pregnancy outcomes.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

PROPOSING AN AMENDMENT TO ARTICLE 1, SECTION 5, OF THE HAWAII CONSTITUTION RELATING TO DUE PROCESS AND EQUAL PROTECTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Article 1, section 5, of the Constitution of the State of Hawaii is amended to read as follows:

"DUE PROCESS AND EQUAL PROTECTION

     Section 5.  No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, ethnicity, age, disability, religion, [sex or] national ancestry[.], sex, sexual orientation, gender identity, pregnancy and pregnancy outcomes."

     SECTION 2.  The question to be printed on the ballot shall be as follows:

     "Shall the state constitution be amended to clarify that no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, ethnicity, age, disability, religion, national ancestry, sex, sexual orientation, gender identity, pregnancy and pregnancy outcomes?" 

     SECTION 3.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 4.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

Report Title:

Constitutional Amendment; Due Process; Equal Protection; Discrimination

Description:

Proposes a constitutional amendment to prohibit discrimination against a person because of ethnicity, age, disability, religion, national ancestry, sex, sexual orientation, gender identity, pregnancy and pregnancy outcomes. 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 305

Honolulu, Hawaii

RE:    S.B. No. 1284

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 1284 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE 1, SECTION 5, OF THE HAWAII CONSTITUTION RELATING TO DUE PROCESS AND EQUAL PROTECTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to propose a constitutional amendment to prohibit discrimination against a person because of ethnicity, age, disability, religion, national ancestry, sex, sexual orientation, gender identity, or pregnancy and pregnancy outcomes.

     Your Committee received testimony in support of this measure from the Hawaiʻi State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; State Council on Developmental Disabilities; Disability and Communication Access Board; League of Women Voters of Hawaii; Pride at Work Hawaiʻi; Stonewall Caucus of the Democratic Party of Hawaiʻi; Lambda Law Hawaiʻi; AAUW of Hawaiʻi; Save Medicaid Hawaii; Indivisible Hawaiʻi; Hawaiʻi Alliance of Nonprofit Organizations; Hawaii Disability Rights Center; and eighty individuals.

     Your Committee received testimony in opposition to this measure from two individuals.

     Your Committee finds that the Hawaii State Constitution reflects the unique history and cultural heritage of the State, for example by establishing protections for Native Hawaiians, the environment and natural resources, and public wellness.  However, your Committee believes that the Hawaii State Constitution could be strengthened by adding an equal rights amendment to prohibit discrimination against ethnicity, national origin, age, disability, or sex.  This measure will reaffirm the State's commitment to equality for all people in the State.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1284, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1284, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,