The case of Baehr v Miike is on appeal to the Hawaiian Supreme Court after Judge Kevin Chang ruled in December 1996 that the state of Hawaii had no compelling state interest to disallow marriages for same-sex couples. An attempt to lift the stay on the granting of marriage licences failed in mid-April 1997. All the briefs have been filed in the case and motions by the state to delay the ruling, and motions by the plaintiffs to expedite the rulings. Both these motions have failed. The court has not decided if or when oral arguments will be heard, or when a decision may come forth.

Marriage ban was reiterated in 1994 with legislation that reaffirmed that marriage was between members of the opposite sex. This law is presumed to be under challenge in Baehr v Miike and possibly unconstitutional. A ballot measure, approved for the November 1998 general election, will put a constitutional amendment question to voters to allow the legislature to reserve marriage to opposite-sex couples. In compromise, a "reciprocal beneficiaries" bill offering some state-based rights was passed and will be implemented from 1 July 1997. The "reciprocal beneficiaries" bill is not all-encompassing and has many rights limited. Of further note, a Federal judge has ruled that there must be a re-vote on whether the state will hold a constitutional convention. This ballot will probably be in November 1997. NOTE: The constitutional amendament ballot was approved by Hawaii voters.

Attempts to ban marriage by constitutional amendment failed in the 1996 legislative session after House and Senate could not agree. Senate proposed a domestic partnership program which House rejected.