Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 537 entitled:

begs leave to report as follows:

The purpose of this bill is to:

This bill also exempts rental of housing accommodations on property used for church purposes from the application of discriminatory practice requirements.

Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women, the University of Hawaii Women's Center, Hawaii Citizens for the Separation of State and Church, Hawaii Women Lawyers, the League of Women Voters of Hawaii, the National Lesbian and Gay Journalists Association, Planned Parenthood of Hawaii, the Social Justice Council of the First Unitarian Church of Honolulu, RE/MAX Properties, the Board of Directors of Lambda Aloha, Hula's Bar & Lei Stand, and numerous individuals. Testifying in support of this bill with amendments were Civil Unions–Civil Rights Movement and Hawaii Citizens for the Separation of State and Church.

The Hawaii Civil Rights Commission testified in support of this measure and offered alternative language for the religious exemption provisions. The Gay and Lesbian Education and Advocacy Foundation, the Gay Lesbian Bisexual Transgendered Caucus of the Democratic Party of Hawaii, and PFLAG also supported this measure but opposed the exemption for religious organizations.

Brigham Young University-Hawaii (BYU-Hawaii) commented on this bill and proposed alternative language for the religious exemption provision.

Your Committee finds that no legitimate reason exists to permit landlords to deny renters housing or to evict them because they are gay or lesbian. Your Committee finds that this bill implements the public policy of the Legislature against housing discrimination on the basis of sexual orientation as expressed in section 368-1, Hawaii Revised Statutes (HRS).

Your Committee believes that the religious exemption provision is overly broad, because it applies to all bases for discrimination prohibited under section 515-3, HRS. BYU-Hawaii expressed concern that these provisions would hamper its off-campus housing program, which permits eviction of students for noncompliance with BYU-Hawaii's Residential Living Standards, which, in turn, require students to conduct themselves in a manner consistent with the principles of The Church of Jesus Christ of Latter-day Saints and the BYU-Hawaii Honor Code. Upon further consideration, your Committee has amended this bill by more narrowly crafting the religious exemption provisions to address the concerns of BYU-Hawaii.

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 H.B. No. 537, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 537, H.D. 1, and be placed on the calendar for Third Reading.