The amendment would remove discriminatory language from the state鈥檚 constitution. Another question on judicial selection is poised for passage.

The Hawaii Constitution will be amended regarding the marital rights of same-sex couples, if yes votes on a statewide ballot question hold up.

Based on the latest count of votes Wednesday, 51.3% of voters agree with the constitutional amendment question that reads, 鈥淪hall the state constitution be amended to repeal the legislature鈥檚 authority to reserve marriage to opposite-sex couples?鈥

That would seem to give the measure enough backing to defeat the no votes, which numbered 40.4%, as well as blank and 鈥渙ver votes” that also count as no votes per state law.

The blank votes totaled 7.8% while the overvotes were 0.4%.

Same Sex Marriage supporters react to final Senate vote that passed the legislation. 11.12.13 漏PF Bentley/Civil Beat
Marriage equality supporters reacting to final Senate vote that passed the legislation in Hawaii in 2013. A constitutional amendment on the 2024 ballot regarding same-sex marriage appeared to be passing based on early returns. (PF Bentley/Civil Beat/2014)

A second ballot question seeking to streamline the appointment of state judges and justices appears as well to have the support needed to pass.

The yes votes were 60.6% compared with 25.2% for no votes, 14.1% blank votes and 0.1% overvotes, which occur when a voter casts more votes in a contest than allowed.

The same-sex amendment, should it prevail, would reverse the results of a 1998 ConAm that gave the Legislature the power to restrict marriage to opposite-sex couples after it received a large majority in the election.

Same-sex marriage was legalized in Hawaii in 2013 and nationally in 2015, but the Hawaii Constitution still gives the Legislature authority over marriage rights.

Local supporters of LGBTQ+ rights have sought to change the language, in part to solidify Hawaii鈥檚 reputation as a leader in gay rights 鈥 especially following U.S. Supreme Court decisions that indicate a rightward turn on social issues. and have similar ballot measures this year.

The judicial selection ConAm is unique to the appointment and confirmation process in Hawaii.

A majority of yes votes would make the process for District Court vacancies similar to the one for the Supreme Court, Intermediate Court of Appeals and Circuit Court nominations. The proposal received no testimony in support or opposition as it moved through the Legislature this year.

State Sen. Karl Rhoads, the author of the legislation, also wants a ConAm to get rid of the blank and over vote designation as no votes.

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