SR 149: REQUESTING THE Legislative Reference Bureau to conduct a comprehensive review of the Hawaii Revised Statutes and recommend amendments to incorporate gender-neutral terminology.

SENATE RESOLUTION

REQUESTING THE Legislative Reference Bureau to conduct a comprehensive review of the Hawaii Revised Statutes and recommend amendments to incorporate gender-neutral terminology.

     WHEREAS, the State of Hawaii is committed to fostering inclusivity, equality, and respect for all individuals, regardless of gender identity or expression; and

     WHEREAS, many existing statutes within the Hawaii Revised Statutes contain binary, gendered language that may not reflect the diverse identities of the State's residents; and

     WHEREAS, the use of gender-neutral language in legislation promotes inclusivity and ensures that all individuals are equally recognized and protected under state law; and

     WHEREAS, in 2013, the Hawaii State Legislature passed marriage equality, ensuring that same-sex couples have the right to marry, and the rest of the Hawaii Revised Statutes should reflect this legal recognition when addressing married couples; and

     WHEREAS, in 2019, the Hawaii State Legislature expanded gender markers from the false narrative of the gender binary that utilizes "F" for female and "M" for male on state identification cards and driver's licenses; and

     WHEREAS, now, forms of state identification also include the marker "X" for those who do not identify within the gender binary; and

     WHEREAS, other jurisdictions have undertaken similar efforts to modernize statutory language to be more inclusive, and the State should also ensure that state laws reflect the values of respect and aloha for all; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Legislative Reference Bureau is requested to conduct a comprehensive review of the Hawaii Revised Statutes and recommend amendments to incorporate gender-neutral terminology; and

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to:

     (1)  Draft recommended legislation to incorporate gender‑neutral terminology in the Hawaii Revised Statutes;

     (2)  Draft a recommendation for bill review to ensure future legislation incorporates gender-neutral terminology;

     (3)  Submit an interim report of its findings and recommendations, including proposed legislation containing the suggested statutory amendments, to the Legislature no later than forty days prior to the convening of the Regular Session of 2026; and

     (4)  Submit a final report of its findings and recommendations, including proposed legislation containing the suggested statutory amendments, to the Legislature no later than forty days prior to the convening of the Regular Session of 2027; and

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to consult with:

     (1)  The Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer, Plus Commission;

     (2)  The State Commission on the Status of Women;

     (3)  Civil rights experts at the Hawaii Civil Rights Commission and the University of Hawaii at Manoa William S. Richardson School of Law; and

     (4)  Law-related organizations such as Lambda Law Hawaiʻi and the Hawaii LGBT Legal Association; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor; Director of the Legislative Reference Bureau; Chairperson of the Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; Chairperson of the State Commission on the Status of Women; Chair of the Hawaii Civil Rights Commission; Dean of the University of Hawaii at Manoa William S. Richardson School of Law; Director of the Hawaii LGBT Legal Association; and Chair of the Lambda Law Hawaii student organization at the University of Hawaii at Manoa William S. Richardson School of Law.

Report Title: 

LRB; LGBTQ+ Commission; Commission on the Status of Women; Inclusive Language; Gender-Neutral Terminology; Report

SENATE RESOLUTION

REQUESTING THE STATE LGBTQ+ COMMISSION AND THE COMMISSION ON THE STATUS OF WOMEN TO REVIEW THE HAWAII REVISED STATUTES AND MAKE RECOMMENDATIONS FOR GENDER-NEUTRAL LANGUAGE TERMINOLOGY.

     WHEREAS, the State of Hawaii is committed to fostering inclusivity, equality, and respect for all individuals, regardless of gender identity or expression; and

     WHEREAS, many existing statutes within the Hawaii Revised Statutes contain binary, gendered language that may not reflect the diverse identities of Hawaii's residents; and

     WHEREAS, the use of gender-neutral language in legislation promotes inclusivity and ensures that all individuals are equally recognized and protected under state law; and

     WHEREAS, in 2013, the Hawaii State Legislature passed marriage equality, ensuring that same-sex couples have the right to marry, and the rest of the Hawaii Revised Statutes should reflect this legal recognition when addressing married couples; and

     WHEREAS, in 2019, the Hawaii State Legislature expanded gender markers from the false narrative of the gender binary that utilizes "F" for female and "M" for male on state identification cards and driver's licenses; and

     WHEREAS, now, forms of state identification also include the marker "X" for those who do not identify within the gender binary; and

     WHEREAS, other jurisdictions have undertaken similar efforts to modernize statutory language to be more inclusive, and Hawaii should also ensure that state laws reflect the values of respect and aloha for all; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the LGBTQ+ Commission and the Commission on the Status of Women are requested to collaborate and conduct a comprehensive review of the Hawaii Revised Statutes and recommend amendments to incorporate gender-neutral terminology; and

     BE IT FURTHER RESOLVED that the LGBTQ+ Commission and the Commission on the Status of Women are requested to:

     (1)  Draft recommended legislation to incorporate gender-neutral terminology in the Hawaii Revised Statutes;

     (2)  Draft a recommendation for bill review to ensure future legislation incorporates gender-neutral terminology; and

     (3)  Submit a report of their findings and recommendations, including proposed legislation containing the suggested statutory amendments, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and

     BE IT FURTHER RESOLVED that the Department of the Attorney General is requested to assist the LGBTQ+ Commission and the Commission on the Status of Women in fulfilling these endeavors; and

     BE IT FURTHER RESOLVED that the LGBTQ+ Commission and the Commission on the Status of Women are requested to engage with civil rights experts that specialize in gender identity and non-binary issues, such as Lambda Law Hawaii, in fulfilling these endeavors; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor; Chairperson of the Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; Chairperson of the Commission on the Status of Women; and Chair of the Lambda Law Hawaii student organization at the University of Hawaii's William S. Richardson School of Law.

Report Title: 

LGBTQ+ Commission; Commission on the Status of Women; Inclusive Language; Gender-Neutral Terminology; Report

STAND. COM. REP. NO. 1420

Honolulu, Hawaii

RE:    S.R. No. 149

       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.R. No. 149 entitled:

"SENATE RESOLUTION REQUESTING THE STATE LGBTQ+ COMMISSION AND THE COMMISSION ON THE STATUS OF WOMEN TO REVIEW THE HAWAII REVISED STATUTES AND MAKE RECOMMENDATIONS FOR GENDER-NEUTRAL LANGUAGE TERMINOLOGY,"

begs leave to report as follows:

     The purpose and intent of this measure is to request the Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer, Plus Commission and State Commission on the Status of Women to collaborate and conduct a comprehensive review of the Hawaii Revised Statutes and recommend amendments to incorporate gender neutral terminology.

     Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women, Pride at Work Hawaiʻi, and nine individuals.

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

     Your Committee finds that the State has a proud history of embracing diversity and fostering a society where all individuals are treated with dignity and respect.  Despite this, much of the State's statutory language continues to reinforce outdated and exclusionary gender assumptions.  For example, terms such as "husband" and "wife" remain in existing law, where "spouse" would be more inclusive.  Similarly, gendered pronouns are often used where neutral terms could better reflect the diversity of gender identities in the State.  This measure will ensure that the State's laws reflect the full spectrum of gender identities and family structures.

     Your Committee has amended this measure by:

     (1)  Requesting the Legislative Reference Bureau, rather than the Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer, Plus Commission and State Commission on the Status of Women, to conduct a comprehensive review of the Hawaii Revised Statutes and recommend amendments to incorporate gender neutral terminology;

     (2)  Requesting the Legislative Reference Bureau to submit an interim and final report to the Legislature forty days before the Regular Sessions of 2026 and 2027, respectively;

     (3)  Deleting language that would have requested the Department of the Attorney General to assist the Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer, Plus Commission and State Commission on the Status of Women in conducting the comprehensive review;

     (4)  Requesting the Legislative Reference Bureau to consult with the Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer, Plus Commission; State Commission on the Status of Women; certain civil rights experts; and certain law-related organizations when conducting the comprehensive review;

     (5)  Amending its title accordingly; and

     (6)  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 concurs with the intent and purpose of S.R. No. 149, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 149, S.D. 1.

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