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BAEHR v. MIIKE

No. 18905.

910 P.2d 112 (1996)

80 Hawai`i 341

Ninia BAEHR, Genora Dancel, Tammy Rodrigues, Antoinette Pregil, Pat Lagon, Joseph Melillo, Plaintiffs-Appellees, v. Lawrence H. MIIKE, in his official capacity as Director of the Department of Health, State of Hawai`i, Defendant-Appellee, and Charles W.H. Goo, Harry Haleakala Brown, Jr., Delbert F. Kim and The Church of Jesus Christ of Latter-Day Saints, Applicants for Intervention-Appellants.

Supreme Court of Hawai`i.

January 23, 1996.

Attorney(s) appearing for the Case

Partington & Foley, Daniel R. Foley, Honolulu (Kirk H. Cashmere, Honolulu, Evan Wolfson, Lambda Legal Defense and Education Fund, Inc., New York City, with him on the briefs), for Plaintiffs-Appellees.

Margery S. Bronster, Attorney General, State of Hawaii, Steven S. Michaels, First Deputy Attorney General, State of Hawaii, on the briefs, Honolulu, for Defendant-Appellee.

James M. Sattler, on the briefs, Honolulu, for Applicants for Intervention-Appellants.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

NAKAYAMA, Justice.

Plaintiffs-appellees (Plaintiffs) are three same-sex couples who applied for marriage licenses. When the Department of Health (DOH) denied their applications on the basis of Hawai`i Revised Statutes (HRS) § 572-1 (1993), Plaintiffs filed a complaint for declaratory judgment on May 1, 1991. The circuit court entered final judgment on the pleadings on October 1, 1991. Plaintiffs filed a timely appeal, and, on May 5, 1993, this court vacated the...

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