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Federal judge upholds constitutionality of Hawaii’s marriage law

August 09, 2012

A senior district court judge has upheld the constitutionality of a Hawaiian law that defines marriage as the union of a man and a woman.

“It is not beyond rational speculation to conclude that fundamentally altering the definition of marriage to include same-sex unions might result in undermining the societal understanding of the link between marriage, procreation, and family structure,” Judge Alan Cooke Kay, a Reagan appointee, wrote. “Because Hawaii’s marriage laws are rationally related to legitimate government interests they do not violate the federal Constitution.”

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  • Posted by: - Aug. 09, 2012 10:58 AM ET USA

    "It is not beyond rational speculation . . ." Interesting choice of words. As I recall, when the Federal judge threw out California's Prop 8 defining marriage as between a man and a woman, he used the word "rational" in another way, saying that there was no rational basis for restricting marriage to opposite genders, and therefore this position was just bias. I remember that because it struck me as absolute madness.