Case: Amsterdam v. Abercrombie

1:13-cv-00649 | U.S. District Court for the District of Hawaii

Filed Date: Nov. 25, 2013

Closed Date: 2016

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Case Summary

On November 25, 2013, a Native Hawaiian resident of Hawaii filed this lawsuit in the U.S. District Court for the District of Hawaii against the state. The plaintiff, proceeding pro se, asked the court to enjoin a recently enacted state law that allows same-sex couples to marry, claiming that that the beliefs and culture of Native Hawaiians were violated by the Hawaiian Marriage Equality Act of 2013.Specifically, the plaintiff claimed that Native Hawaiians had a special relationship with the sta…

Specifically, the plaintiff claimed that Native Hawaiians had a special relationship with the state of Hawaii and the United States Federal Government. He alleged that this relationship was supported by the Hawaii Admission Act of 1959, the Native Hawaiian Education Act of 1994, the American Indian Religious Freedom Act of 1978, and many others. He believes that Native Hawaiians have an express right to preserve their culture, value, languages, and religious customs, and that the practice of same-sex marriage was against the moral values of the majority of Native Hawaiians. He claimed that the state had breached its duty to the Hawaiian people, and that a court-ordered injunction of the Hawaii Marriage Equality Act of 2013 was a necessary step towards repairing the breach.

The district court (Judge Susan Oki Mollway) did not grant an injunction, and instead issued an order on February 19, 2014 denying as moot all pending orders. The court stated that the plaintiff did not have standing to bring this claim as he was not able to present a particularized injury that he would suffer or any clear constitutional claims that were violated. The plaintiff appealed the decision to the Ninth Circuit, which affirmed the decision on August 4, 2016. The Ninth Circuit denied the plaintiff's petition for rehearing en banc on October 24. The case is now closed.

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Summary Authors

Megan Dolan (7/17/2014)

David Hamstra (4/16/2015)

Virginia Weeks (2/19/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4245002/parties/amsterdam-v-abercrombie/

Judge(s)

Chang, Kevin S.C. (Hawaii)

Mollway, Susan Oki (Hawaii)

Attorney for Defendant

Molay, John F. (Hawaii)

Judge(s)

Chang, Kevin S.C. (Hawaii)

Mollway, Susan Oki (Hawaii)

Attorney for Defendant

Molay, John F. (Hawaii)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:13-cv-00649	Docket [PACER]	Nov. 2, 2016	Nov. 2, 2016 Docket
1 1:13-cv-00649	Complaint	Nov. 25, 2013	Nov. 25, 2013 Complaint
7 1:13-cv-00649	Order Dismissing Case; Order Denying as Moot All Pending Motions	Nov. 26, 2013	Nov. 26, 2013 Order/Opinion 2013 WL 6198183
9 1:13-cv-00649	Amended Complaint	Dec. 24, 2013	Dec. 24, 2013 Complaint
34 1:13-cv-00649	Order Granting Motion to Dismiss and Denying as Moot All Pending Motions	Feb. 19, 2014	Feb. 19, 2014 Order/Opinion 2014 WL 689764

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4245002/amsterdam-v-abercrombie/

Last updated Aug. 3, 2025, 1:07 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT -- "Plaintiff's Motion for Judgement to Enjoin Senate Bill 1, HRS, Chapter 572, Equal Rights, Act Relating to Individuals of the Same Sex 11/13, 2013; Hawaii Marriage Equality Act 2013" against All Defendants filed by C. Kaui Jochanan Amsterdam. (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B)(emt, ) (Entered: 11/25/2013) 1 Appendix View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER	Nov. 25, 2013	Nov. 25, 2013 PACER
2	Order Setting Rule 16 Scheduling Conference for 09:00AM on 2/24/2014 before JUDGE KEVIN S.C. CHANG - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 11/25/13. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statements)(emt, ) (Entered: 11/25/2013) 1 Memo from Clerk Re: Corporate Disclosure Statements View on PACER	Nov. 25, 2013	Nov. 25, 2013 PACER
3	Filing fee: $ 400, receipt number HI010133 re 1 Complaint. (emt, ) (Entered: 11/25/2013)	Nov. 25, 2013	Nov. 25, 2013 PACER
4	Plaintiff's MOTION for Judgement to Enjoin Senate Bill 1, HRS, Chapter 572, Equal Rights, Act Relating to Individuals of the Same Sex 11/13/2013, Hawaii Marriage Equality Act 2013 - by Plaintiff C. Kaui Jochanan Amsterdam (emt, ) (Entered: 11/25/2013)	Nov. 25, 2013	Nov. 25, 2013 PACER
5	Plaintiff's MOTION for an Immediate Temporary Injunction on Senate Bill 1, HRS Chapter 572, Equal Rights, Act Relating to Individuals of the Same Sex, 11/13, 2013, Cease and Desist in Issuance of Marriage Licenses, 12/2/13; Certificate of Service - by Plaintiff C. Kaui Jochanan Amsterdam (emt, ) (Entered: 11/25/2013)	Nov. 25, 2013	Nov. 25, 2013 PACER
6	Plaintiff's DECLARATION Regarding Senate Bill 1, HRS, Chapter 572, Equal Rights Act, Relating to Individuals of the Same Sex re 1, 4, 5 - by C. Kaui Jochanan Amsterdam. (emt, ) (Entered: 11/25/2013)	Nov. 25, 2013	Nov. 25, 2013 PACER
7	ORDER DISMISSING CASE; ORDER DENYING AS MOOT ALL PENDING MOTIONS re 1 , 4 , 5 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 11/26/13. "In case Amsterdam intended to assert violations of his First and Fourteenth Amendment rig hts under the United States Constitution, the court invites him to file a First Amended Complaint no later than December 24, 2013. If Amsterdam fails to timely amend his Complaint, the Clerk of Court is directed to enter judgment in favor of Defendan ts. The Clerk of Court is directed to send a copy of this order to David M. Louie, Attorney General for the State of Hawaii, 425 Queen Street, Honolulu, Hawaii 96813." (emt, )CERTIFICATE OF SERVICEPartic ipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Kaui C. Jochanan Amsterdam shall be served by first class mail at the address of record on November 27, 2013. A copy of this order shall be served to David M. Louie, Attorney General for the State of Hawaii, at 425 Queen Street, Honolulu, HI 96813 on November 27, 2013.	Nov. 26, 2013	Nov. 26, 2013 RECAP
8	Summons Issued as to Neil Abercrombie, Clayton Hee, Donna Mercado Kim, Karl Rhoads, Joseph Souki. (emt, ) (Entered: 11/29/2013)	Nov. 27, 2013	Nov. 27, 2013 PACER
9	AMENDED COMPLAINT ; Plaintiff's Motion for Judgement to Enjoin Hawaii Marriage Equalit Act of 2013, 11/13/2013 against Neil Abercrombie, Clayton Hee, Donna Mercado Kim, Karl Rhoads, Joseph Souki - filed by C. Kaui Jochanan Amsterdam.(emt, ) (Entered: 12/26/2013)	Dec. 24, 2013	Dec. 24, 2013 PACER
10	Summons Issued as to Karl Rhoads. (emt, ) (Entered: 12/26/2013)	Dec. 24, 2013	Dec. 24, 2013 PACER
11	Summons Issued as to Donna Mercado Kim. (emt, ) (Entered: 12/26/2013)	Dec. 24, 2013	Dec. 24, 2013 PACER
12	Summons Issued as to Clayton Hee. (emt, ) (Entered: 12/26/2013)	Dec. 24, 2013	Dec. 24, 2013 PACER
13	Summons Issued as to Joseph Souki. (emt, ) (Entered: 12/26/2013)	Dec. 24, 2013	Dec. 24, 2013 PACER
14	Summons Issued as to Neil Abercrombie. (emt, ) (Entered: 12/26/2013)	Dec. 24, 2013	Dec. 24, 2013 PACER
15	Plaintiff's MOTION for an Immediate Temporary Injunction on the Hawaii Marriage Act of 2013, Cease and Desist in the Issuance of Marriage Licenses - by Plaintiff C. Kaui Jochanan Amsterdam (emt, ) (Entered: 12/26/2013)	Dec. 24, 2013	Dec. 24, 2013 PACER
16	MOTION for Judgement to Enjoin the Hawaii Marriage Equality Act of 2013 - by Plaintiff C. Kaui Jochanan Amsterdam (emt, ) (Entered: 12/26/2013)	Dec. 24, 2013	Dec. 24, 2013 PACER
17	Plaintiff's DECLARATION Regarding the Hawaii Marriage Equality Act of 2013 re 15, 16 - by C. Kaui Jochanan Amsterdam. (emt, ) (Entered: 12/26/2013)	Dec. 24, 2013	Dec. 24, 2013 PACER
18	EO: re 15 MOTION for an Immediate Temporary Injunction on the Hawaii Marriage Act of 2012, Cease and Desist in the Issuance of Marriage Licenses, 16 MOTION for Judgement to Enjoin the Hawaii Marriage Equality Act of 2013. Plaintiff's Motion for an Immediate Temporary Injunction on the Hawaii Marriage Act of 2013, Cease and Desist in the Issuance of Marriage Licenses and Plaintiffs Motion for Judgement to Enjoin the Hawaii Marriage Equality Act of 2013will be considered by Judge Susan Oki Mollway as Non Hearing Motions. Memorandum in Opposition is due 1/10/2014. Reply Memorandum is due 1/27/2014. Plaintiff's Motion for an Immediate Temporary Injunction on the Hawaii Marriage Act of 2013, Cease and Desist in the Issuance of Marriage Licenses and Plaintiffs Motion for Judgement to Enjoin the Hawaii Marriage Equality Act of 2013will be taken under Advisement by Judge Susan Oki Mollway thereafter. (JUDGE SUSAN OKI MOLLWAY)(wnn, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/26/2013)	Dec. 26, 2013	Dec. 26, 2013 PACER
19	REQUEST for Grammatical Corrections - by Plaintiff C. Kaui Jochanan Amsterdam (emt, ) (Entered: 12/27/2013)	Dec. 27, 2013	Dec. 27, 2013 PACER
20	NOTICE of Appearance by John F. Molay on behalf of Neil Abercrombie, Clayton Hee, Donna Mercado Kim, Karl Rhoads, Joseph Souki on behalf of Neil Abercrombie, Clayton Hee, Donna Mercado Kim, Karl Rhoads, Joseph Souki. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 12/27/2013) 1 Certificate of Service View on PACER	Dec. 27, 2013	Dec. 27, 2013 PACER
21	Summons Returned Unexecuted by C. Kaui Jochanan Amsterdam as to Karl Rhoads. (Attachments: # 1 copy of Amended Complaint, # 2 copy of Motion for Judgement, # 3 copy of Declaration, # 4 copy of Motion for Immediate Temporary Injunction)(emt, ) (Entered: 12/30/2013) 1 copy of Amended Complaint View on PACER 2 copy of Motion for Judgement View on PACER 3 copy of Declaration View on PACER 4 copy of Motion for Immediate Temporary Injunction View on PACER	Dec. 27, 2013	Dec. 27, 2013 PACER
22	SUMMONS Returned Executed by C. Kaui Jochanan Amsterdam. Neil Abercrombie served on 12/27/2013, answer due 1/17/2014. (emt, ) (Entered: 12/30/2013)	Dec. 27, 2013	Dec. 27, 2013 PACER
23	SUMMONS Returned Executed by C. Kaui Jochanan Amsterdam. Clayton Hee served on 12/27/2013, answer due 1/17/2014. (emt, ) (Entered: 12/30/2013)	Dec. 27, 2013	Dec. 27, 2013 PACER
24	SUMMONS Returned Executed by C. Kaui Jochanan Amsterdam. Donna Mercado Kim served on 12/27/2013, answer due 1/17/2014. (emt, ) (Entered: 12/30/2013)	Dec. 27, 2013	Dec. 27, 2013 PACER
25	SUMMONS Returned Executed by C. Kaui Jochanan Amsterdam. Joseph Souki served on 12/27/2013, answer due 1/17/2014. (emt, ) (Entered: 12/30/2013)	Dec. 27, 2013	Dec. 27, 2013 PACER
26	EO: re 19 On 12/27/13, Plaintiff filed a Request for Grammatical Corrections. The Court hereby construes the Request as an errata. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/30/2013)	Dec. 30, 2013	Dec. 30, 2013 PACER
27	MEMORANDUM in Opposition re 15 MOTION for an Immediate Temporary Injunction on the Hawaii Marriage Act of 2012, Cease and Desist in the Issuance of Marriage Licenses, 16 MOTION for Judgement to Enjoin the Hawaii Marriage Equality Act of 2013 filed by Neil Abercrombie, Clayton Hee, Donna Mercado Kim, Karl Rhoads, Joseph Souki. (Attachments: # 1 Exhibit A, # 2 Declaration of Brian Y. Horiuchi, # 3 Certification of Word Count, # 4 Certificate of Service)(Molay, John) (Entered: 01/10/2014) 1 Exhibit A View on PACER 2 Declaration of Brian Y. Horiuchi View on PACER 3 Certification of Word Count View on PACER 4 Certificate of Service View on PACER	Jan. 10, 2014	Jan. 10, 2014 PACER
28	CERTIFICATE OF SERVICE by Neil Abercrombie, Clayton Hee, Donna Mercado Kim, Karl Rhoads, Joseph Souki re 27 Memorandum in Opposition to Motion, Amended Certificate of Service. (Molay, John) (Entered: 01/13/2014)	Jan. 13, 2014	Jan. 13, 2014 PACER
29	MOTION to Dismiss for failure to State a Claim, etc. and John F. Molay appearing for Defendants Neil Abercrombie, Clayton Hee, Donna Mercado Kim, Karl Rhoads, Joseph Souki (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Exhibit A, # 3 Certification of Word Count, # 4 Certificate of Service)(Molay, John) (Entered: 01/14/2014) 1 Memorandum in Support of Motion to Dismiss View on PACER 2 Exhibit A View on PACER 3 Certification of Word Count View on PACER 4 Certificate of Service View on PACER	Jan. 14, 2014	Jan. 14, 2014 PACER
30	NOTICE of Hearing on Motion 29 MOTION to Dismiss for failure to State a Claim, etc. and, 16 MOTION for Judgement to Enjoin the Hawaii Marriage Equality Act of 2013, 15 MOTION for an Immediate Temporary Injunction on the Hawaii Marriage Act of 2012, Cease and Desist in the Issuance of Marriage Licenses :. Motion Hearing set for 2/24/2014 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 01/15/2014)	Jan. 15, 2014	Jan. 15, 2014 PACER
34	ORDER GRANTING MOTION TO DISMISS AND DENY AS MOOT ALL OTHER PENDING MOTIONS 15 ; 16 ; 29 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 2/19/2014. " The court grants the State's motion to dismiss, and denies as moot all other pending motions. The Clerk of Court is directed to enter judgment for Defendants and to close this case." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). C. Kaui Jochanan Amsterdam shall be served by first class mail at the address of record on February 20, 2014.	Feb. 19, 2014	Feb. 19, 2014 RECAP

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Case Details

State / Territory: Hawaii

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 25, 2013

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was a Native Hawaiian resident of the state of Hawaii who claimed that the beliefs and culture of Native Hawaiians were violated by the Hawaiian Marriage Equality Act of 2013 which legalized same-sex marriage in Hawaii.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Hawaii, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: