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INDEX
VOL. 47, NO. 161
16 PAGES
KEALAKEHE’S
CALBERO SIGNS
TO PACIFIC
SPORTS, 1B
OUTLOOK
PAGE 7A
WASHINGTON
—
Gay and lesbian couples
could face legal chaos if
the Supreme Court rules
against same-sex mar-
riage in the next few
weeks.
Same-sex
weddings
could come to a halt in
many states, depending
on a confusing mix of low-
er-court decisions and the
sometimes-contradictory
views of state and local
officials.
Among the 36 states in
which same-sex couples
can now marry are 20
in which federal judges
invoked the Constitution
to strike down marriage
bans.
Those rulings would
be in conflict with the
nation’s highest court if
the justices uphold the
power of states to limit
marriage to heterosex-
ual couples. A decision
is expected by late June
in cases from Kentucky,
Michigan, Ohio and
Tennessee.
Top
officials
in
some states, including
California, seem deter-
mined to allow gay and
lesbian couples to contin-
ue tomarry nomatter how
the court decision comes
out. But some county
clerks, who actually issue
marriage licenses, might
not go along, experts said.
In other states, a high
court ruling in favor of
state bans would serve to
prohibit any more such
unions, but also could
give rise to new efforts
to repeal marriage bans
through the legislature or
the ballot.
The scenario may
be unlikely, given the
Supreme Court’s role
in allowing those lower
court rulings to take
effect before the justices
themselves decided the
issue. But if the court
doesn’t endorse same-
sex marriage nationwide,
“it would be chaos,” said
Howard Wasserman, a
Florida
International
University law professor.
Marriages already on
the books probably are
safe, said several scholars
and civil liberties law-
yers. “There’s a very
strong likelihood these
marriages would have to
be respected, no matter
what,” said Christopher
Stoll, senior staff attorney
with the National Center
for Lesbian Rights.
Gay and lesbian cou-
ples could continue to
marry in the 16 states that
have same-sex marriage
because of state court rul-
ings, acts of the legislature
or statewide votes.
Similarly, the 14 states
that prohibit same-sex
couples from marrying,
including the four directly
involved in the Supreme
Court
cases,
could
BY MARK SHERMAN
THE ASSOCIATED PRESS
Ka’u charter school on track
to open with reduced enrollment
Bail increased for man in alleged
Kailua Village hit-and-run
Organizers of a charter
school planned for Ka‘u have
scaled back enrollment projec-
tions, but they say the project is
on track for a July opening.
Ka‘u Learning Academy,
the state’s only charter school
approved this year, plans to
use the Discovery Harbour golf
course clubhouse as a tempo-
rary facility. Organizers have
been appearing before the
state Public Charter School
Commission, the Windward
Planning Commission and
the Hawaii County Liquor
Commission as they wrap up
fundraising efforts and attend
to the myriad of details associ-
ated with turning a golf club-
house into a school.
The Charter Commission on
June 18 will vote on a request
by Ka‘u Learning Academy
Executive Director Kathryn
Tydlacka-McCown to reduce
the first-year enrollment from
111 students to 85. Tydlacka-
McCown said Tuesday the
school is likely to meet the 111
enrollment figure, but it need-
ed some breathing room as it
nears its deadline.
“It looks like we’re going to
surpass that,” she said. “We just
wanted to make sure.”
Tom Hutton, executive direc-
tor for the Charter School
Commission, also is optimistic
that the school can meet its
opening goals.
“It’s very common that par-
ents wait until the end of the
school year before they decide
about the next school year,”
Hutton said.
Hutton said lowering the
enrollment will allow the
school to cross one more thing
off its checklist.
Still on the list for Tydlacka-
McCown are plumbing and
electrical upgrades to meet
permitting requirements, fire
alarm testing and other details
A Kona District Court judge
on Tuesday increased bail for a
30-year-old Kailua-Kona man
charged with alcohol- and drug-
related offenses following an
alleged hit-and-run in Kailua
Village that injured a 13-year-
old girl.
Bail for Matthew Allen
Marso is now set at $3,025,
according to court records. The
Kona resident made his initial
appearance Tuesday before Kona
District Court Judge Michael
Udovic. The increase in bail
followed a motion by Marso’s
public defender Frederick
Macapinlac to maintain the
previously set bail amount of
$2,275. Deputy Prosecuting
Attorney Alicia Mars requested
the judge increase bail for Marso
to $10,000.
During
Tuesday’s
court
appearance, Marso also evoked
his right to a preliminary hearing
where the state will work to
show it has sufficient evidence to
support the charges filed against
Marso in connection with the
incident that occurred Saturday
in Kailua-Kona. Udovic slated
the hearing for Wednesday
afternoon.
Marso is charged with
driving under the influence of
an intoxicant, second-degree
negligent injury, failure to
have motor vehicle insurance,
driving without a license, third-
degree promoting a detrimental
BY NANCY COOK LAUER
WEST HAWAII TODAY
BY CHELSEA JENSEN
WEST HAWAII TODAY
Despite rules prohib-
iting camping on Mauna
Kea, protesters of the
Thirty Meter Telescope
have been allowed to
do so for more than two
months, maintaining a
24-hour presence outside
the Mauna Kea Visitor
Information Station.
In an email response
Monday, Deborah Ward,
spokeswoman for the
state Department of Land
and Natural Resources,
said the department is
in frequent communica-
tion with the campers to
ensure that impacts to
the surrounding natural
resources are minimized
and that public safety is a
priority.
“At this time, we have
allowed them to remain
and peacefully express
their right of free speech
while we assess the situa-
tion,” she said.
Protest
organizer
Kahookahi Kanuha said
his group considers the
state itself to be illegal,
and that he does not con-
sider his actions camping.
“We are here protecting
Mauna a Wakea because it
is our responsibility, and
this protection requires
24/7 watch,” he said.
Kanuha added that
DLNR is not requiring
anything specific of his
group, but that he and oth-
ers have made it a priority
to keep the area clean.
Trash from their camp is
TMT protesters’ camp
allowed to remain — for now
BY CHRIS D’ANGELO
HAWAII TRIBUNE-HERALD
SEE
MARRIAGE
PAGE 6A
SEE
MARSO
PAGE 6A
SEE
TMT
PAGE 6A
SEE
SCHOOL
PAGE 6A
Future Ka’u Learning Academy students went on a field trip to Hawaii Volcanoes National Park.
PHOTO COURTESY OF KA’U LEARNING ACADEMY)
Matthew Marso is detained at
the scene in an Alii Drive auto
accident involving a young
pedestrian on Saturday.
LAURA
SHIMABUKU/
WEST HAWAII TODAY
Court ruling against gay marriage could cause legal ‘chaos’
