Bill Text: HI HB485 | 2023 | Regular Session | Amended
Bill Title: Relating To Marriage.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2023-07-05 - Act 179, 07/03/2023 (Gov. Msg. No. 1282). [HB485 Detail]
Download: Hawaii-2023-HB485-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
485 |
THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MARRIAGE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that according to a 2016 report by the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy, Hawaii has the highest percentage of transgender-identifying individuals in the United States. The legislature notes that, in general, a transgender identifying individual experiences high levels of discrimination in all aspects of the individual's life. The legislature also notes that Hawaii has been at the forefront of implementing policies to protect transgender people and believes that Hawaii should continue to take proactive measures.
The
legislature further finds that according to a 2013 report by the university of
Hawaii, gender-stereotypical polices and norms continue to stigmatize and
exclude transgender people in the State.
Additionally, according to the 2018 sexual and gender minority health
report by the department of health, the stigmatized minority status of
transgender individuals is causing negative and disproportionate health
outcomes, fewer economic opportunities, and less sociopolitical power.
The legislature recognizes that Act
148, Session Laws of Hawaii 2019, expanded gender options applicable to Hawaii driver's
licenses and state identification cards, thus enabling transgender and gender‑nonconforming
individuals to avoid invasive questioning and discriminatory treatment. Accordingly, as of July 1, 2020, any
person may specify gender designations as "F", "M", or
"X" on a Hawaii driver's license or state identification card. However, under current law, a transgender‑identifying
individual is limited in changing their gender designation on a marriage
certificate. Name changes are permitted
only within a four-week period after the marriage or through a court
order. This makes it difficult and
expensive for a transgender-identifying individual to update their marriage
certificate to reflect their identity, causing confusion and stress when asked
to produce this documentation.
Accordingly, the purpose of this Act is to require the department of health to issue new marriage certificates to reflect changes in both name and gender upon receipt of the required supporting documentation.
SECTION 2. Chapter 338, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§338- New
certificates of marriage; issuance; gender and sex identifiers. (a) The
department of health shall permit any person who possesses a valid certificate
of marriage that has been filed with the department and that includes gender
and sex identifiers for the person that differ from the person's changed gender
and sex identifiers and, if applicable, a changed name, to apply for a new
certificate of marriage; provided that the department shall require the applicant
to submit the following:
(1) An application for a new marriage
license to reflect the applicant's change and choice of terminology:
(A) To the designation of the person as
"bride", "groom", "partner", or
"spouse"; and
(B) Name, if applicable;
(2) A copy of one of the following
documents:
(A) The applicant's new certificate of
birth reflecting the applicant's change of gender and sex identifier;
(B) A government-issued identification
document reflecting the applicant's change of gender and sex identifier,
including any change of gender accomplished by an order of any court of any
state or territory of the United States, the District of Columbia, or any
foreign court; or
(C) An affidavit attesting, under
penalty of perjury, that the request for a change of the designation of the
applicant as "bride", "groom", "partner", or
"spouse" is to conform to the applicant's gender identity and is not
made for any fraudulent purpose;
(3) If the applicant desires that
the new certificate of marriage reflect a different name for the applicant than
what is reflected on the original certificate of marriage, a certified copy of
the applicant's change of name order obtained under section 574-5(a)(1) or (5),
including a certified English translation, if applicable; and
(4) A notarized letter from the current non-applicant
spouse consenting to the changes to be made to the original certificate of
marriage; provided that the notarized letter shall substantially contain the
following language:
"I,
(non-applicant spouse's full name), stipulate to an issuance of a new marriage
certificate for myself that reflects my spouse's legal gender, sex, and, if
applicable, name."
(b) Each new certificate of
marriage issued pursuant to this section shall:
(1) Reflect the applicant's changed:
(A) Designation as "bride",
"groom", "partner", or "spouse"; and
(B) Of name, if applicable; and
(2) Replace the original certificate of
marriage.
(c) No new certificate of marriage
issued pursuant to this section shall:
(1) Be marked as amended; or
(2) Reveal the language of the original
certificate of marriage that was changed in the new certificate of marriage.
(d) The department of health shall
establish fees pursuant to chapter 91 to be paid for the issuance of a new certificate
of marriage pursuant to this section.
(e) Upon receipt of the documents
submitted pursuant to subsection (a) and the applicant's payment of the fees
established pursuant to subsection (d), the department of health shall:
(1) Issue to the applicant a new
certificate of marriage; and
(2) Seal and file any documents
evidencing the preparation of the new certificate of marriage, including the
original certificate of marriage; provided that these documents shall only be
opened pursuant to an order of any court of competent jurisdiction within a State,
territory, or possession of the United States, or by request of the marriage
registrant.
(f) The department of health shall
issue a new certificate of marriage to any applicant who has satisfied the
requirements of this section regardless of the date of the applicable marriage."
SECTION 3. Section 572-13, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Certified copies of certificate of
marriage. The department of health shall
deliver one certified copy of the certificate of marriage or the contents or
any part thereof as provided in section 338-13 to the persons married. [The certificate shall be prima facie
evidence of the fact of marriage in any proceeding in any court.
The] Upon request, the
department of health shall [upon request,] furnish to any applicant
additional certified copies of the certificate of marriage or any part thereof.
[Copies] Except for any
certificate of marriage replaced, sealed, and filed pursuant to section 338- ,
copies of the contents of any certificate on file [in the department,]
with, and certified by, the department shall be considered the
same as the original for all purposes [the same as the original].
The department may prescribe reasonable fees, if any, to be paid for certified copies of certificates."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on June 30, 3000.
Report Title:
Department of Health; Certificates of Marriage; Changes; Gender and Sex Identifiers
Description:
Provides for the replacement of certificates of marriage for individuals who have changed their gender, sex, and, if applicable, name. Effective 6/30/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.