Case: Temple v. Abercrombie

1:11-cv-00790 | U.S. District Court for the District of Hawaii

Filed Date: Dec. 28, 2011

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Case Summary

On December 28, 2011, two Hawaii-based religious organizations filed a lawsuit in United States District Court against the State of Hawaii. Plaintiffs, represented by private counsel, claimed that a law prohibiting discrimination against gay couples seeking space for their civil unions or marriages violated their First Amendment religious freedoms. Specifically, the plaintiffs claimed that Act 1, the Civil Union Act contained no exceptions for churches and other places of worship, and therefore…

On December 28, 2011, two Hawaii-based religious organizations filed a lawsuit in United States District Court against the State of Hawaii. Plaintiffs, represented by private counsel, claimed that a law prohibiting discrimination against gay couples seeking space for their civil unions or marriages violated their First Amendment religious freedoms. Specifically, the plaintiffs claimed that Act 1, the Civil Union Act contained no exceptions for churches and other places of worship, and therefore violated the First Amendment rights of religious organizations whose doctrines made allowing gay marriages in their churches or houses of worship unacceptable.

On January 19, 2012, the case was stayed by agreement of the parties while the Hawaii legislature worked towards amendments to Act 1. On July 6, 2012, Governor Abercombie signed a law that amended Act 1 to exempt religious organizations for the requirement of non-discrimination in the use of space for civil unions.

On October 3, 2012, the case was dismissed for lack of subject matter jurisdiction. The judge held that the issue was not ripe for adjudication because the plaintiff had failed to show that they had standing to bring the suit and because they had failed to update the complaint to reflect the amendments to Act 1, which effectively resolved the primary dispute.

Summary Authors

Chris MacColl (3/11/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4244900/parties/emmanuel-temple-the-house-of-praise-v-abercrombie/


Judge(s)
Attorney for Plaintiff

Anderson, Austin W. (Hawaii)

Beato, Andrew Michael (Hawaii)

Farmer, Gary Michael (Hawaii)

George, William David (Hawaii)

Attorney for Defendant

Cregor, John M. (Hawaii)

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Documents in the Clearinghouse

Document

1:11-cv-00790

Docket [PACER]

Oct. 3, 2012

Oct. 3, 2012

Docket
4

1:11-cv-00790

Motion for TRO

Emmanuel v. Abercrombie

Dec. 28, 2011

Dec. 28, 2011

Pleading / Motion / Brief
1

1:11-cv-00790

Complaint

TEMPLE v. ABERCROMBIE

Dec. 28, 2011

Dec. 28, 2011

Complaint
12

1:11-cv-00790

Denial of Motion for Temporary Restraining Order

Dec. 30, 2011

Dec. 30, 2011

Order/Opinion

2011 WL 2011

21-1

1:11-cv-00790

Memorandum in Support of Motion to Dismiss

Temple v. ABERCROMBIE

July 27, 2012

July 27, 2012

Pleading / Motion / Brief
23

1:11-cv-00790

Opposition to Motion to Dismiss

TEMPLE v. ABERCROMBIE

Aug. 31, 2012

Aug. 31, 2012

Pleading / Motion / Brief
26

1:11-cv-00790

Order Dismissing Case

Oct. 3, 2012

Oct. 3, 2012

Order/Opinion

903 F.Supp.2d 903

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4244900/emmanuel-temple-the-house-of-praise-v-abercrombie/

Last updated Feb. 14, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Joe Hunkin, Jr, Emmanuel Temple, The House Of Praise, Lighthouse Outreach Center Assembly Of God, Carl E. Harris. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(gls, ) (Entered: 12/28/2011)

1 Summons

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2 Civil Cover Sheet

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Dec. 28, 2011

Dec. 28, 2011

RECAP
2

Order Setting Rule 16 Scheduling Conference for 09:00AM on 4/2/2012 before JUDGE KEVIN S.C. CHANG. Signed by JUDGE SUSAN OKI MOLLWAY on 12/28/11. (Attachments: # 1 Corporate Disclosure Memo)(gls, ) (Entered: 12/28/2011)

1 Corporate Disclosure Memo

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Dec. 28, 2011

Dec. 28, 2011

PACER
3

Filing fee: $ 350.00,receipt number HI002194 re 1 Complaint (gls, ) (Entered: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

PACER
4

MOTION for Temporary Restraining Order and Preliminary Injunction Shawn A. Luiz appearing for Plaintiffs Emmanuel Temple, The House Of Praise, Carl E. Harris, Joe Hunkin, Jr, Lighthouse Outreach Center Assembly Of God (Attachments: # 1 Declaration of Carl E. Harris, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Declaration of Shawn A. Luiz, # 7 Exhibit 5, # 8 Exhibit 6)(gls, ) (Entered: 12/28/2011)

1 Declaration of Carl E. Harris

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Declaration of Shawn A. Luiz

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7 Exhibit 5

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8 Exhibit 6

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Dec. 28, 2011

Dec. 28, 2011

PACER
5

EO: Status Conference set for 12/29/2011 09:00 AM before JUDGE J. MICHAEL SEABRIGHT. (JUDGE J. MICHAEL SEABRIGHT)(apg, )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: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

PACER
6

EP: Status Conference held on 12/29/2011. Defendants opposition to the Complaint and Motion for Temporary Restraining Order 4 is due by today Thursday December 29, 2011 by 10:00pm. Response due by 8:00 am tomorrow, Friday December 30, 2011. (Court Reporter Gloria Bediamol.) (JUDGE J. MICHAEL SEABRIGHT)(apg, )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: 12/29/2011)

Dec. 29, 2011

Dec. 29, 2011

PACER
9

SUMMONS Returned Executed Loretta J. Fuddy served on 12/28/2011, answer due 1/18/2012. (gls, ) (Additional attachment(s) added on 12/30/2011: # 1 Second return) (gls, ). (Entered: 12/30/2011)

1 Second return

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Dec. 29, 2011

Dec. 29, 2011

PACER
10

SUMMONS Returned Executed Neil Abercrombie served on 12/28/2011, answer due 1/18/2012. (gls, ) (Additional attachment(s) added on 12/30/2011: # 1 Second Return) (gls, ). (Entered: 12/30/2011)

1 Second Return

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Dec. 29, 2011

Dec. 29, 2011

PACER
7

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Neil Abercrombie, Loretta J. Fuddy, State of Hawaii. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 12/29/2011)

1 Certificate of Service

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Dec. 29, 2011

Dec. 29, 2011

RECAP
11

SUMMONS Returned Executed State of Hawaii served on 12/28/2011, answer due 1/18/2012. (gls, ) (Entered: 12/30/2011)

Dec. 29, 2011

Dec. 29, 2011

PACER
8

REPLY in Support of 4 Motion for Temporary Restraining Order and Preliminary Injunction filed by Emmanuel Temple, The House Of Praise. (Luiz, Shawn) Modified on 1/3/2012 to add linkage to 4 Motion for Temporary Restraining Order and Preliminary Injunction and to clarify docket text (emt, ). (Entered: 12/30/2011)

Dec. 30, 2011

Dec. 30, 2011

PACER
12

ORDER Denying Plaintiffs' Motion For Temporary Restraining Order re 4 . Signed by JUDGE J. MICHAEL SEABRIGHT on 12/30/11. (gls, )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: 12/30/2011)

Dec. 30, 2011

Dec. 30, 2011

RECAP
13

EO: Status Conference set for 1/9/2012 11:00 AM before JUDGE J. MICHAEL SEABRIGHT. (JUDGE J. MICHAEL SEABRIGHT)(apg, )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: 01/04/2012)

Jan. 4, 2012

Jan. 4, 2012

PACER
14

EP: Motion Hearing held on 1/9/2012. By agreement of the parties, the Motion for Preliminary Injunction is denied without prejudice as moot. Upon suggestion of Plaintiffs, the parties are to meet and confer regarding a possible stay of this action pending consideration of related matters in the upcoming Legislative session. By January 18, 2012, the parties are to submit a letter to the court indicating whether such a stay is appropriate. If a stay is not agreed to, Defendants as indicated at the hearing may proceed to answer or file a motion to dismiss the Complaint.(JUDGE J. MICHAEL SEABRIGHT)(apg, )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: 01/09/2012)

Jan. 9, 2012

Jan. 9, 2012

PACER
15

EO:By agreement of the parties as set forth in Plaintiffs letter of 1/18/2012, this case is STAYED until further order of the court. The Rule 16 conference of 4/2/2012 is VACATED. The parties shall provide a letter to the court by 4/19/2012 indicating the status of any related matters (e.g., H.B. 1244) in the current Legislative session. (JUDGE J. MICHAEL SEABRIGHT)(lls, )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: 01/19/2012)

Jan. 19, 2012

Jan. 19, 2012

PACER
16

Correspondence re: Letter to Judge Seabright (gls, ) Modified on 4/19/2012 (apg, ). (Entered: 01/23/2012)

Jan. 20, 2012

Jan. 20, 2012

PACER
17

EO: By agreement of the parties as indicated in the April 19, 2012 letter from Defendant, this action remains STAYED for an additional ninety days. A Status Conference is set for July 19, 2012 at 9:00 a.m. before JUDGE J. MICHAEL SEABRIGHT. If there are further relevant developments resulting from the current legislative session before that date, the parties may contact the court for an earlier conference. (JUDGE J. MICHAEL SEABRIGHT)(apg, )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: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
18

Letter from AG's Office to Judge Seabright (gls, ) (Entered: 04/20/2012)

April 19, 2012

April 19, 2012

PACER
19

EP: Status Conference held on 7/19/2012. Defendant to file a motion by 8/31/2012, Plaintiff to file an opposition by 8/31/2012, defendants reply by 9/14/2012. Motion hearing to be held on Monday October 1, 2012 at 10:00am. (Court Reporter Gloria Bediamol.) (JUDGE J. MICHAEL SEABRIGHT)(apg, )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: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
20

EP: Amended Minutes RE: 19 Status Conference. Defendant's Motion to be filed by August 3, 2012. (JUDGE J. MICHAEL SEABRIGHT)(apg, )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: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
21

MOTION to Dismiss John F. Molay appearing for Defendants Neil Abercrombie, Loretta J. Fuddy, State of Hawaii (Attachments: # 1 Memorandum in Support, # 2 Declaration of John F. Molay, # 3 Exhibit A, # 4 Certificate of Service)(Molay, John) (Entered: 07/27/2012)

1 Memorandum in Support

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2 Declaration of John F. Molay

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3 Exhibit A

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4 Certificate of Service

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July 27, 2012

July 27, 2012

RECAP
22

NOTICE of Hearing on Motion 21 MOTION to Dismiss :. Motion Hearing set for 10/1/2012 10:00 AM before JUDGE J. MICHAEL SEABRIGHT. (apg, )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: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
23

MEMORANDUM in Opposition to Defendants Motion to Dismiss, filed July 27, 2012 filed by Emmanuel Temple, The House Of Praise. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit)(Luiz, Shawn) (Entered: 08/31/2012)

1 Declaration

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2 Exhibit

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3 Exhibit

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Aug. 31, 2012

Aug. 31, 2012

PACER
24

REPLY to Response to Motion re 21 MOTION to Dismiss filed by Neil Abercrombie, Loretta J. Fuddy, State of Hawaii. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 09/04/2012)

1 Certificate of Service

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Sept. 4, 2012

Sept. 4, 2012

PACER
25

EP: Motion Hearing held on 10/1/2012 re 21 MOTION to Dismiss filed by Loretta J. Fuddy, State of Hawaii, Neil Abercrombie. Motion to Dismiss 21 - GRANTED; Court to prepare order. DOP=10/1/2012. (Court Reporter Gloria Bediamol.) (JUDGE J. MICHAEL SEABRIGHT)(apg, )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: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
26

ORDER Granting Defendants' Motion To Dismiss And Dismissing Action re 25, 21 . Signed by JUDGE J. MICHAEL SEABRIGHT on 10/2/12. (gls, )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: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
27

JUDGMENT In A Civil Case. by Sue Beitia, Clerk/GS, Deputy Clerk on 10/3/12. (gls, )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: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER

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: Dec. 28, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two religious organizations and their lead pastors

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Hawaii, State

Emmanuel Temple (Honolulu), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Free Exercise Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Marriage

LGBTQ+:

LGBTQ+

Discrimination-basis:

Religion discrimination

Sexual orientation

Type of Facility:

Non-government non-profit