Hawaii's gay marriage law has withstood its first legal challenge.
A circuit court judge denied a temporary restraining order filed by opponents of the law to stop the state from issuing marriage licenses to same sex couples.
"All you can do is all you can do and that’s what we tried to do today. We tried to give a voice to the people of Hawaii," said Rep. Bob McDermott.
McDermott acknowledged defeat outside the courtroom after Judge Karl Sakamoto ruled Hawaii's Marriage Equality law is legal. But,he didn't necessarily accept it.
McDermott and his team of lawyers on Thursday attempted to stop Hawaii's same-sex marriage law by filing a temporary restraining order arguing when voters passed a constitutional amendment in 1998, they thought they were defining marriage as being between a man and woman only.
"We say that it clearly means that the people were giving power to the legislature on that issue and that issue only," said McDermott’s attorney Jack Dwyer.
But, the state's attorney general says the judge was correct in his interpretation.
"It didn’t say that the legislature has no other power in the marriage area. It said the legislature shall have this power in this area to regulate for opposite sex couples if it chooses," said Louie.
While Judge Sakamoto said the plaintiffs had standing in bringing the case to court, the judge said Hawaii's marriage equality law has the support from the Supreme Court, quoting the ruling.
"By history and tradition, the definition of regulation of marriage has been treated as being within the authority of the separate states," said Sakamoto. "After all the legal complexities of the court’s analysis, the court will conclude that same sex marriage in Hawaii is legal."
Louie said with the ruling, the state will issue marriage licenses for same sex couples starting Dec. 2.
McDermott and his attorneys said they are deciding whether they will appeal the judge's decision.