Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1450, H.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to recognize that discrimination based upon gender expression or identity constitutes sex discrimination. This measure also prohibits employment discrimination on the basis of gender expression or identity.

Testimony in support of the measure was submitted by the Hawaii Civil Rights Commission, the Gender Equity Counselor at the University of Hawaii at Manoa, The Center, the Gay and Lesbian Education and Advocacy Foundation, the Gay, Lesbian, Bisexual, and Transgendered Caucus of the Democratic Party of Hawaii, the ACLU of Hawaii, the Civil Unions-Civil Rights Movement, the Ohana Metropolitan Community Church of Honolulu, and nine individuals. Testimony in opposition the measure was submitted by the Hawaii Family Forum, the Hawaii Catholic Conference, the American Center for Law and Justice of Hawaii, and nine individuals, including a petition signed by six hundred individuals.

This measure includes gender expression or identity within sex-based discrimination and prohibits this form of discrimination in employment-related decisions. Your Committee finds that this measure is designed to clarify and strengthen Hawaii's sex and employment antidiscrimination laws.

Your Committee has amended this measure by making technical, non-substantive changes and including a savings clause.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1450, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1450, H.D. 2, S.D. 1, and be placed on the calendar for Third Reading.