Bill Text: HI HB671 | 2020 | Regular Session | Introduced
Bill Title: Relating To Veterans Services.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB671 Detail]
Download: Hawaii-2020-HB671-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
671 |
THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to veterans services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Hawaii Marriage Equality Act of
2013 legalized same-sex marriages in the State.
Veterans and their family members have certain burial rights in designated
national and state veterans cemeteries.
However, prior to 2013, same-sex couples' relationships were not
recognized by the State as spousal relationships for the purposes of veterans
burial rights. Currently under state
law, if a veteran same-sex partner died prior to the effective date of the
Hawaii Marriage Equality Act, the veteran's surviving spouse is not able to be
interred with the deceased partner.
The legislature further finds that there are forms of relief that have been afforded to same-sex partners wishing to be buried in veterans cemeteries. There is the case of Nancy Lynchild, who was married to her same-sex partner veteran Lt. Col. Linda Campbell in Canada in 2010. Lynchild died in 2012, before the U.S. Supreme Court ruled that the federal Defense of Marriage Act was unconstitutional. At the time of Lynchild's death, the marriage wasn't recognized by the federal government; nevertheless, Campbell requested permission from the Secretary of Veterans Affairs for Lynchild to be buried at the Willamette National Cemetery. Although Lynchild did not fall into any of the categories of persons explicitly listed as being eligible to be buried in a national cemetery, the Secretary granted a waiver to allow her to be interred at the national cemetery and cited that it was based in part on evidence of a committed relationship between Lynchild and an eligible veteran. Under state law, the director of the office of veterans services does not have the same discretion as the Secretary of Veterans Affairs to grant a waiver to a same-sex couple who were not allowed to marry but are now seeking to be interred together at a state veterans cemetery.
The purpose of this Act is to allow for interment
of a surviving, unmarried, same-sex partner of a deceased veteran at
any state veterans cemetery if the surviving partner provides evidence that the
couple would have married but for a state law prohibiting same-sex marriage.
SECTION 2. Section 363-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The determination of eligibility for burial
within any state veterans cemetery shall be in accordance with current Veterans
Affairs and National Cemeteries Administration Regulations[.];
provided that a surviving, unmarried, same-sex partner of a deceased veteran may
be interred at any state veterans cemetery if the surviving partner provides
evidence that the couple would have married but for a state law prohibiting
same-sex marriage."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Veterans Services; State Veterans Cemeteries
Description:
Provides that a surviving unmarried same-sex partner of a deceased veteran may be interred at any state veterans cemetery if the surviving partner provides evidence that the couple would have married but for a state law prohibiting same-sex marriage.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.