Haw. Rev. Stat. § 572-1
In order to make valid the marriage contract, which shall be permitted between two individuals without regard to gender, it shall be necessary that:
[L 1872, c 23, §1; am L 1903, c 28, §1; am L 1907, c 42, §1; am L 1913, c 8, §1; RL 1925, §2943; RL 1935, §4630; am L 1935, c 185, §1; am L 1937, c 59, §1; am L 1939, c 122, §1; RL 1945, §12351; am L 1949, c 53, §29; am L 1953, c 79, §1; RL 1955, §323-1; am L 1965, c 232, §1; HRS §572-1; am L 1969, c 152, §1; am L 1970, c 9, §1; am L 1972, c 182, §1 and c 192, pt of §1; am L 1978, c 74, §1; am L 1981, c 202, §1; am L 1984, c 119, §1; am L 1994, c 217, §3; am L 1997, c 52, §5; am L 2012, c 267, §4; am L Sp 2013 2d, c 1, §3]
Effect of adoption. Parties who by adoption become uncle and niece not disqualified to intermarry. Att. Gen. Op. 62-49.
Common-law marriages invalid. Att. Gen. Op. 73-5.
If requirements of valid marriage met, validity not affected by absence of filed marriage certificate. Att. Gen. Op. 84-10.
Enacting legislation to allow same-sex couples to marry is not inconsistent with the state constitution or the U.S. Constitution. Att. Gen. Op. 13-1.
For Better or for Worse, in Sickness and in Health, Until Death Do Us Part: A Look at Same Sex Marriage in Hawaii. 16 UH L. Rev. 447 (1994).
Justice Ruth Bader Ginsburg And Gender Discrimination. 20 UH L. Rev. 699 (1998).
The Hawai`i Marriage Amendment: Its Origins, Meaning and Fate. 22 UH L. Rev. 19 (2000).
The Fine Line Between Love and the Law: Hawai`i's Attempt to Resolve the Same-Sex Marriage Issue. 22 UH L. Rev. 149 (2000).
Love and Let Love: Same-Sex Marriage, Past, Present, and Future, and the Constitutionality of DOMA. 22 UH L. Rev. 185 (2000).
The Defense of Marriage Act: Sex and the Citizen. 24 UH L. Rev. 279 (2001).
The Recognition of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, and Strategic Institutional Choice. 28 UH L. Rev. 23 (2005).
Free Exercise and Hybrid Rights: An Alternative Perspective on the Constitutionality of Same-Sex Marriage Bans. 29 UH L. Rev. 23 (2006).
Judicial Review and Sexual Freedom. 30 UH L. Rev. 1 (2007).
The State Marriage Cases: Implications for Hawai`i's Marriage Equality Debate in the Post-Lawrence and Romer Era. 31 UH L. Rev. 653 (2009).
Tax Justice and Same-Sex Domestic Partner Health Benefits: An Analysis of the Tax Equity For Health Plan Beneficiaries Act. 32 UH L. Rev. 73 (2009).
Baehr v. Lewin and the Long Road to Marriage Equality. 33 UH L. Rev. 705 (2011).
Common-law marriages invalid. 638 F. Supp. 1251 (1986).
Hawaii's marriage laws (this section and article I, §23 of the state constitution), which define marriage as a union between a man and a woman, are rationally related to legitimate government interests and do not violate the equal protection clause or the due process clause of the U.S. Constitution. 884 F. Supp. 2d 1065 (2012).
This section does not treat males and females differently as a class; it is gender-neutral on its face; it prohibits men and women equally from marrying a member of the same sex. 884 F. Supp. 2d 1065 (2012).
Proof of marriage without record in civil cases. 1 H. 83 (1851); 1 H. 139 (1852); 4 H. 548 (1882); 26 H. 81 (1921). Presumption of validity. 29 H. 716 (1927). When destroyed. 34 H. 161 (1937); 35 H. 756 (1940).
Statute as to Chinese being already married held void. 3 H. 631 (1875).
Breach of contract to marry. 5 H. 540 (1886).
Marriage by girl under fourteen only voidable. 6 H. 289 (1881).
No marriage without mutual consent. 8 H. 77 (1890); 12 H. 329 (1900); 28 H. 581 (1925). Corroboration. 25 H. 392, 394 (1920).
If record of marriage introduced, not necessary to prove that license had been granted or that agent had authority to grant same. 10 H. 440 (1896). Or that celebrant had authority to solemnize. 10 H. 442 (1896).
License presumed from fact of marriage. 16 H. 502 (1905).
License is prerequisite to a valid marriage. 25 H. 397 (1920); 295 F. 636 (1924).
This section's age requirement must be read with the requirements of §572-2. 26 H. 89 (1921).
Statute is presumed to be unconstitutional unless defendant, as agent of State, can show that statute's sex-based classification is justified by compelling state interests and statute is narrowly drawn to avoid unnecessary abridgments of applicant couples' constitutional rights. 74 H. 530, 852 P.2d 44 (1993).
Trial court erred in deciding that wife was entitled to prevail on her divorce claim and second husband was not entitled to prevail on his annulment claim where certified copy of judgment of divorce presented undisputed evidence that when wife married second husband, wife had prior lawful living husband and thus did not satisfy the requirement of paragraph (3). 108 H. 459 (App.), 121 P.3d 924 (2005).
Sections 580-1, 580-21, and this section must be read together; only the family court can declare void a marriage obtained by force, duress, or fraud, and it cannot do so where there has been subsequent cohabitation. 112 H. 131 (App.), 144 P.3d 579 (2006).
Cited: 8 H. 77, 78 (1890); 44 H. 271, 273, 353 P.2d 631 (1960).