Circuit Court judge denies temporary restraining order filed by Rep. McDermottUPDATED 7:02 PM HST Nov 07, 2013Video Transcript
today denied a temporary restraining order filed by a state House Republican -- in what was an attempt to stop the Governor from signing a Same Sex Marriage bill into law. But both sides of the lawsuit are claiming a win. KITV-4's Jill Kuramoto wraps up our team coverage. Circuit court Judge Karl Sakamoto signalled today, the same sex marriage battle is likely to wind up in a courtroom. But today isn't the time. He's unwilling to ban the governor from signing a bill that hasn't even passed yet. State Attorney General David Louie says that would essentially block legislators from doing their jobs... 'NOBODY. NOBODY IS GOING TO GO DOWN TO THE LEGISLATURE AND STOP THE LEGISLATURE FROM LEGISLATING WHICH IS WHAT THEY WERE ORGINALLY ASKING FOR. AND NOBODY IS GOING TO STOP THE GOVERNOR FROM EXERCISING HIS CONSTITUTIONAL DUTIES TO SIGN A BILL INTO LAW IF HE CHOOSES." But the constitutionality of a Marriage equality act is where things could get sticky. Voters passed a constitutional amendment in 19-98 giving lawmakers the power to reserve marriage to heterosexual couples ... The judge now wonders whether voters might have thought at the time they were prohibiting same-sex marriage, not giving the Legislature the power to define marriage. The state says the '98 bill gives them that power. "I GUESS THE BOTTOM LINE HERE IS THAT THE POWER OF THE LEGISLATURE TO ENACT THIS LAW IS CLEAR, IT'S CONSTITUTIONAL IT'S WITHIN THE LEGISLATURE' S AUTHORITY." State Representative Bob McDermott says when voters passed the amendment in 1998.... Their intent was an all-out ban. "WHAT THE VOTERS THOUGHT THEY WERE VOTING. THE POWER TO RESERVE MARRIAGE TO OPPOSITE SEX COUPLES ONLY. THAT WORD ONLY IS KEY. THAT WAS MAILED TO EVERY VOTER IN 1998" Judge Sakamoto says if this new bill indeed passes, and the Governor signs it into law... He WILL be open to hearing a challenge at that point. Representative McDermott said he'll there, ready and waiting. "WE WILL BE BACK THE MOMENT IT IS SIGNED AND CHALLENGE THE CONSTITUTION ALITY." Reporting from Circuit Court, Jill Kuramoto, KITV4 News.