State Rep. Bob McDermott has filed a new motion to ask Circuit Court Judge Karl Sakamoto to reconsider “a serious constitutional issue.”

McDermott said in a press release that he believes that “the plain language and the people’s intent in the 1998 Constitutional Amendment forbid the legislature from expanding the definition of marriage under the ‘General Powers’ clause” of the Hawaii Constitution.

The motion, he said, is set for a hearing with Sakamoto on Jan. 13.

“So if we prevail, there will be quite a mess for the AG to clean up after the issuances of licenses on Dec. 2,” said McDermott, a Republican.

Monday is the day when marriage licenses become available for same-sex couples. Sakamoto rejected McDermott’s lawsuit to stop gay marriage in Hawaii on Nov. 14, a day after the historic legislation was signed into law. The judge said the Legislature has the authority to define marriage.


Photo: Rep. Bob McDermott. (Courtesy)

—Chad Blair