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. 1715, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to prohibit discrimination based upon sexual orientation as well as gender expression and identity in all real estate transactions.

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

The purpose of this measure is to prohibit discrimination based on sexual orientation as well as gender expression and identity in the sale, exchange, rental, or lease of real property. This measure also creates an exemption for renting or leasing of housing accommodations owned and operated by religious institutions for church purposes or for higher education housing programs operated by the church or on church property.

Your Committee has amended this measure by making technical, non-substantive changes for purposes of clarity and consistency.

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. 1715, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1715, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.