Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 616 entitled:

begs leave to report as follows:

The purpose of this bill is to give protection to a person's actual or perceived gender identity or expression under the State's current hate crime laws.

The Hawaii Civil Rights Commission, the Hawaii State Commission on the Status of Women, the Hawaii State Teachers Association, the American Civil Liberties Union of Hawaii, the Gay, Lesbian, Bisexual and Transgendered Caucus of the Democratic Party of Hawaii, the Hawaii Hate Crimes Task Force, Life Foundation, Civil Unions-Civil Rights Movement, PFLAG-Oahu, The Center, the Coordinator of the Lesbian, Gay, Bisexual, Transgender Student Services Office of the University of Hawaii at Manoa, the League of Women Voters, Hawaii Pro-Democracy Initiative and 12 individuals testified in support of the measure. The Office of the Public Defender opposed the bill. The Office of the Attorney General provided comments.

Your Committee finds that "sexual orientation," which is currently included in the hate crimes law, is not the same as "gender identity." Therefore, this measure will protect all individuals from persecution based upon their gender identity, regardless of their sexual orientation.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 616 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.