But in the majority opinion, Justice Steven H. Levinson wrote that "marriage is a basic civil right" and that "on its face and as applied," the Hawaii law "denies same-sex couples access to the marital status and its concomitant rights and benefits."

Legal experts said the case would not wind up in the United States Supreme Court because it was based solely on state law. But if Hawaii were to recognize gay marriages, the decision would have implications nationwide.

Crossing State Lines

No state currently allows such marriages. But each state recognizes marriages performed in another state.  Thus, unless other states acted to change current practices, gay couples married in Hawaii would have to be recognized as married couples in other states, thereby entitling them to the tax breaks, health benefits and survivor benefits that accrue to married partners.

