Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Hawaiʻi enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.
Same-sex relationships have been part of Hawaiian culture for centuries. The term aikāne refers to homosexual or bisexual relationships, which were widely accepted in pre-colonial Hawaiian society, and the term māhū refers to a "third gender" alongside male and female. The Christian missionaries, who arrived in the 19th century, were adept in converting the local population to Christianity. As a result, the first ever anti-gay law was enacted in 1850, prohibiting sodomy with 20 years' hard labor. During the 1960s and onwards, LGBTQ people entered into the public eye, which was followed by multiple pro-LGBT rights reforms, including the repeal of the sodomy law.
In modern times, Hawaii is notable for its LGBTQ-friendliness, with several establishments, accommodations, and festivals catering especially for gay tourists and couples. Recent opinion polls have found that LGBTQ rights enjoy high levels of support, with a 2019 survey by the Public Religion Research Institute showing that 73% of Hawaiʻi residents supported anti-discrimination legislation protecting LGBTQ people.Public opinion on same-sex marriage by state: Hawaii . PRRI – American Values Atlas.
History
Prior to European contact, same-sex relationships existed in the form of aikāne, an accepted tradition for both men and women in pre-colonial Hawaiian society. Likewise, the māhū formed a "third gender" role in Hawaiian culture, notably as priests and healers. The religious missionaries converted the local Hawaiians to Christianity and spread their moral ideals to the population, resulting in the introduction of negative attitudes towards homosexuality.
Although the first specific sodomy law in Hawaii was enacted in 1850, statutes passed in 1840 allowed villages to prosecute "any particular evils" against which no law existed. The 1850 anti-sodomy statute established a penalty of up to 20 years' hard labor and a fine of $1,000. It punished both heterosexual and homosexual conduct, and applied to consensual adults as well. The first recorded sodomy case occurred in 1898 in the case of Republic of Hawaii v. Edwards. In the 1922 case of Territory v. Wilson, the Hawaii Supreme Court unanimously ruled that fellatio (oral sex) was a "crime against nature". The last recorded sodomy case happened in 1958, in Territory v. Bell, in which the state Supreme Court unanimously confirmed that heterosexual sodomy was also a criminal offense.
Law regarding same-sex sexual activity Hawaii repealed its sodomy law in April 1972,William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201, available online, accessed April 9, 2011 and revised its sex offences laws in 1986 following a Supreme Court ruling which defended a Georgia ban on sodomy. The original sodomy law repeal was effective from the beginning of 1973.
The age of consent for homosexual activity was originally different from that of heterosexual activity. In 1986, the Hawaii State Legislature lowered the age of consent to 14, regardless of gender or sexual orientation. In 2001, it was raised to 16.
Recognition of same-sex unions
Same-sex marriage legislation On September 9, 2013, Governor Neil Abercrombie announced that he was calling the Hawaii State Legislature into a special session on October 28 to consider a same-sex marriage bill. The bill had wide support in the Senate as well as the required majority in the House. If approved, the bill would take effect on November 18.SB1, Relating to Equal Rights , Hawaii Legislature
On October 28, the Senate Committee on Judiciary and Labor passed the same-sex marriage legislation in a 5–2 vote, sending the bill to a full Senate vote. On October 30, the Senate approved the legislation in a 20–4 vote, sending the bill to the House. On October 31, the bill was debated by both the House Committee on Judiciary and the House Committee on Finance. The House, following extensive public debate and an attempted "citizens' filibuster" of the legislation, voted 30–19 on November 8 in favour of the legislation. The bill returned to the Senate for approval of House amendments which expanded religious exemptions, and the Senate provided final legislative approval on November 12, voting 19–4 in favor. Governor Neil Abercrombie signed the bill into law on 13 November; same-sex couples began marrying on December 2, 2013.
History prior to present day recognition of same-sex marriage Hawaii's denial of marriage licenses to same-sex couples was successfully challenged in court, with the Hawaii Supreme Court finding restrictions on same-sex marriage unconstitutional in May 1993. In 1994, the state enacted a statute banning same-sex marriage. In November 1998, the voters of Hawaii voted 70 percent in favor of Hawaii Constitutional Amendment 2, which amended the State Constitution to allow the State Legislature to ban same-sex marriage.Hawai'i State Constitution , Article I, section 23, Hawaii Legislative Reference Bureau. (Accessed 30 November 2006). The constitutional amendment led the Hawaii Supreme Court to dismiss the lawsuit. On November 5, 2024, Hawaii held a referendum to repeal that 1998 anti-gay amendment in which voters passed by 55.9%.
Hawaii established reciprocal beneficiary relationships, a limited form of civil unions, for both same-sex and opposite-sex couples in 1997. Numerous legislative attempts to enact fuller civil unions equivalent with other jurisdictions' civil unions and domestic partnerships failed.
Governor Linda Lingle vetoed a civil union law in 2010.TIME: Suzanne Roig, "Hawaii Governor Vetoes Civil-Unions Bill," July 7, 2010, accessed April 13, 2011 Governor Neil Abercrombie signed the same legislation on February 23, 2011, the first law he signed as governor. The law went into effect on January 1, 2012.Huffington Post: Mark Niesse, "Hawaii Governor Neil Abercrombie Signs Same-Sex Civil Unions Into Law," February 23, 2011 , accessed April 13, 2011
Hawaii has provided benefits to same-sex partners of state employees since 1997.National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees" , accessed April 16, 2011
Adoption and parenting Hawaii allows all couples, including same-sex couples, to adopt. Lesbian couples can access in vitro fertilization (IVF) and artificial insemination treatment; state law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, but only if the parents are married. Surrogacy is legal in Hawaii, as no specific law prohibits it, and courts have ruled in favor of gay male couples using the gestational surrogacy process.Human Rights Campaign: Hawaii Adoption Law , accessed July 13, 2011
In April 2021, the Hawaii Legislature passed a bill (HB1096) to recognise parentage for same-sex unmarried couples. Governor David Ige in July 2021 signed the bill into law, and it took effect immediately.
Another law, Act 298, took effect January 1, 2026. It implements gender-neutral definitions of parentage, and it clarifies that parentage can be determined by a voluntary acknowledgment or by adjudication by a court.
Discrimination protections
Hawaii law explicitly prohibits discrimination based on both sexual orientation and gender identity or expression in employment, public accommodations and housing.Haw. Rev. Stat. 515-2 – 7; Haw. Rev. Stat. §378-1 – 3; Haw. Rev. Stat. §489-2 - 3.
The discrimination protections for sexual orientation in employment were added in 1991. In 2005, protections were extended to housing and in 2006 to public accommodations, both for sexual orientation and gender identity or expression. In 2011, gender identity or expression protections were extended to employment.LGBTQ Nation: "Hawaii Governor signs transgender workplace protections bill into law," May 6, 2011 , accessed July 23, 2011
Moreover, the state's anti-bullying law prohibits bullying on the basis of race, color, national origin, sex, gender identity and expression, religion, physical and mental disability, sexual orientation, physical appearance and characteristic and socio-economic status. The law also explicitly includes cyberbullying and harassment, and applies to all public elementary schools and secondary school premises.
In July 2018, the Hawaii Legislature passed a bill, which was then signed into law by the Governor of Hawaii, to provide further protections for students under Title IX. The law ensures students are not denied access to programs or extracurricular activities because of their sexual orientation or gender identity. It went into effect on January 1, 2019.
In June 2022, 3 bills were signed into law by the Governor of Hawaii - namely (1) jury selections can not legally discriminate against individuals on the basis of sexual orientation and gender identity, (2) setting up a state based LGBTIQ+ commission, and (3) mandatory state based health insurance coverage for sexual reassignment surgery on transgender individuals. All 3 laws go into effect from January 1, 2023.
Hate crime law Hawaii has a law that addresses hate crime protection for both actual and/or perceived sexual orientation and gender identity or expression.
According to the statute: Sexual orientation is defined as heterosexuality, homosexuality or bisexuality and those "having a history of any one or more of these preferences or being identified with any one or more of these preferences."Haw. Rev. Stat. § 846-51 (2001). Other relevant provisions include Haw. Rev. Stat. §§ 706-662; 846-54; and 846-52 (2001). Gender identity or expression "includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self image, gender-related appearance, or gender-related expression; regardless of whether that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth."Haw. Rev. Stat. § 846-51, S.B. 616, 2003 Leg., 22nd Leg. (Haw. 2003).
Transgender rights Previously, Hawaii's Department of Health issued a new birth certificate to a post-operative transgender person only upon receipt of a physician's affidavit verifying that the registrant had undergone sex reassignment surgery.Haw. Rev. Stat. § 338-17.7. On May 5, 2015, the Hawaii Legislature passed a bill to allow transgender people to change the gender marker on official identification documents without undergoing such surgery. Governor David Ige signed the bill into law on July 14, 2015, and the legislation went into effect immediately. Transgender people can now apply to change the gender marker simply by request; to obtain an updated birth certificate, they must submit to the Department of Health a completed "Application for Amendment to Birth Record" form and an affidavit from a licensed physician. The Social Security Administration will issue an updated driver's license and state ID upon receipt of a "Gender Designation Form" completed by a medical or social professional confirming the applicant's gender identity.