Family Attorney

GOV. Ben Cayetano is pushing the Legislature to begin a discussion of emotional social issues such as domestic partnerships for same-sex couples, doctor-assisted death and medical use of marijuana.

Senate President Norman Mizuguchi and House Speaker Calvin Say want legislators to fix their attention on the economy. Mizuguchi says the Senate probably won’t get to the social issues this year and possibly not even next year.

It sounds like a conflict. but that’s not necessarily so. Cayetano is right that lawmakers must start a discussion of these issues to move them toward resolution. And legislative leaders are right that they don’t have to finish the discussion this year.

Cayetano knows the economy is the priority and must be addressed before all else. He hopes to make a reinvigorated economy the cornerstone of his legacy. But he also knows we’ll never reach consensus on the emotional social issues that so divide us until we start talking about them in a civil manner.

House and Senate leaders know they can’t duck the social issues forever. But they also know that legislators are easily distracted and that fringe issues could take over the session if leaders don’t keep control of the agenda.

So let’s start talking about the social issues and be prepared to act if a quick consensus miraculously emerges. But let’s also remember that domestic partnerships, doctor-assisted suicide and marijuana lack the urgency of the economy, education and civil service reform. If there’s no easy agreement, it’s reasonable to let the secondary issues wait for another year.

On same-sex marriage, voters were troubled that an issue affecting only a tiny minority of Hawaii residents – an issue not under serious consideration in any other state – suddenly rose to the top of our agenda and paralyzed the Legislature from dealing with far more important issues for years. Voters finally had to take matters into their own hands to put an end to it.

The same-sex marriage battle exposed inequities in our marriage laws that need to be corrected. If we take adoption and parental rights out of the equation, as the governor proposes, there are promising signs that reasonable people on both sides can find consensus.

But it doesn’t have to be this year – especially if the debate would be rancorous and distracting from the Legislature’s top priorities. To try to force the issue in the absence of clear agreement would be a slap in the face to voters who just turned down same-sex marriage by an overwhelming margin.

Physician-assisted death has the potential to be just as contentious. It has the same moral, religious, political and legal overtones as same-sex marriage and abortion. The fight could get ugly as interest groups representing doctors, religious organizations and the disabled lock into hard positions.

CAYETANO has sent the Legislature bills recommended by his blue-ribbon panel to legalize doctor-assisted suicide. That’s fine. The issue merits consideration. But before the Legislature devotes serious time to the matter, those advocating change must do their job of selling the public on the benefits of change they seek. Same-sex marriage ultimately failed because its advocates neglected to do that.

As same-sex marriage moved through the Legislature, we took the wrong turn at every junction. Physician-assisted death provides an opportunity to show that we’ve learned from our mistakes and can handle one of these emotional social issues the right way.

Source : starbulletin.com