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Monday, April 18, 1994
UNIVERSITY DAILY KANSAN
Hawaii debates licensing gay marriages
The Associated Press
HONOLULU — Joseph Melillo and Pat Lagon have been together for 16 years. They love each other. They want to get married.
That seemingly simple desire has led to a legal and political standoff that could have wide-ranging implications: Should Hawaii be the first state in the nation to license same-sex marriages?
For Melillo, there's an obvious answer.
For menu, there is an obvious answer.
"Marriage is to show your love for each other," he says. "Same-sex couples love each other just as much as opposite-sex couples. We just want the same rights as everyone else — nothing more and nothing less."
That doesn't sit well with many members of the State Legislature, or with a number of religious and family groups.
It all started in 1992 when Melillo and Lagon and two lesbian couples were denied marriage licenses. They filed a lawsuit, but a state judge rejected their arguments and dismissed it.
The Hawaii Supreme Court ruled in May, however, that the ban on same-sex marriages is unconstitutional on the basis of gender discrimination, unless the state can show a compelling reason for retaining it.
The case isn't scheduled for trial on the "compelling interest" issue until April 1995, but lawmakers are trying to head off a judicial decision by devising a legislative resolution.
The State House of Representatives passed a bill this session saying the compelling interest is a concern for the health and well-being of future generations. That concern is the basis for the state regulating marriages and issuing licenses only to male-female couples, the bill said.
The Hawaii Equal Rights Marriage Project, formed in the wake of the court ruling, has vehemently opposed the bill.
"We believe that marriages and families should be based on love, commitment and dedication to the happiness and well-being of our loved ones, and not on our appearance or our ability to bear children," group representative Maggie Tansis said.
While the bill's intent might be to promote the health and well-being of children and families, restricting the benefits of legal marriage to couples of the opposite sex could harm children of lesbian and gay parents, Tanis said.
Such couples can and do have children from previous heterosexual relationships, adoptions or from new conception techniques available to childless couples, she said.
"Yet the children of gay and lesbian couples are denied many of the rights and benefits that affect their well-being — including health care, insurance and inheritance that are provided only to families recognized by the state as legal units," she said.
A case in point involves Lyn Lam and Barbara Warkus, Honolulu gynecologists who were married by a minister seven years ago and, through artificial insemination, have three children from the same biological father.
Without a state-sanctioned marriage, should one of them die, their children could be taken away from the surviving partner by the state. And should one partner become seriously ill, the other might not have a say in health care decisions.
All this is being watched with great interest, by Mellillo, an executive chef who owns a catering business and a silk-screen print design company with Lagon.
Both men are confident they eventually will be able to marry, he said, though they aren't making any definite plans.
"It will be a simple ceremony," Melillo said, "but there will be a party."
WACO, Texas — Branch Davidians who survived the fire that destroyed their compound last year gathered with supporters yesterday to tell their story and mourn for those who died.
Davidians remember siege, fire
About 200 people attended the one-day outdoor event held 100 yards from what was once the cut's sprawling complex called Mount Carmel. They were joined by vendors hawking videos, T-shirts, hats, books and other items.
Speakers blamed the federal government for the deaths of cult leader David Koresh and 78 of his followers in the fire on April 19, 1993. The blaze ended a 51-day standoff between the Davidians and federal agents.
"They murdered those people. The government came in here and burned them to death," said a crying John Borgman, a supporter who knew nothing of the cult until the siege began on Feb. 28, 1993.
The fire began after FBI armored vehicles pumped tear gas into the compound. The government has said the Davidians set the fire and that those who died chose to remain
Inside the burning compound.
The survivors adamantly deny such claims. Several Koresh followers, including at least two who escaped from the fire, told their story to an overwhelmingly pro-Davidian crowd.
"This is the first time I've been back out at this place since I left on the 19th," survivor Clive Doyle said. "I'm kind of numb. I miss it." "Basically, we're trying to keep this alive in the minds of America," he said, explaining why the survivors and their supporters held
Survivors have maintained that the federal Bureau of Alcohol, Tobacco and Firearms unlawfully attacked the compound and that those inside were only trying to protect themselves when they fired back, killing four agents and wounding several others.
ATF officials have said they were trying to serve search warrants and arrest Koresh on weapons charges. In February, 11 Davidians were acquitted of murder and conspiracy charges stemming from the botched raid.
"I don't want people to forget what happened here," Doyle said. "The government would like them to."
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