According to Hawaiireporter, the Attorney General’s office said it has filed separate court responses for the governor and Health Department director Loretta Fuddy to a lawsuit that challenges the state constitutional ban of same-sex marriages.
Governor Neil Abercrombie, who support the lesbian couple, said that he regarded this ban as unconstitutional:
"Under current law, a heterosexual couple can choose to enter into a marriage or a civil union. A same-sex couple, however, may only elect a civil union. My obligation as Governor is to support equality under law. This is inequality, and I will not defend it."
It will be a fight between Governor Abercrombie and Fuddy, who added she will defend the law because it's her job.
"The Department of Health is charged with implementing the law as passed by the Legislature," she said.
"Absent any ruling to the contrary by competent judicial authority regarding constitutionality, the law will be enforced. Because I am being sued for administering the law, I will also defend it," said Fuddy.