Kirk H. Cashmere (July 18, 1955 – December 2, 2002) was a prominent

civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...

attorney who helped make

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...

a major issue in

Hawaii Hawaii ( ; ) is an island U.S. state, state of the United States, in the Pacific Ocean about southwest of the U.S. mainland. One of the two Non-contiguous United States, non-contiguous U.S. states (along with Alaska), it is the only sta ...

, as well as a historian and pioneer of organized

Judaism Judaism () is an Abrahamic religions, Abrahamic, Monotheism, monotheistic, ethnic religion that comprises the collective spiritual, cultural, and legal traditions of the Jews, Jewish people. Religious Jews regard Judaism as their means of o ...

in the state.

Early life

Born on July 18, 1955, in

Milwaukee, Wisconsin Milwaukee is the List of cities in Wisconsin, most populous city in the U.S. state of Wisconsin. Located on the western shore of Lake Michigan, it is the List of United States cities by population, 31st-most populous city in the United States ...

, his family moved to Hawaii when he was 5 years old. He attended the

Iolani School Iolani is a masculine Hawaiian name meaning "royal ''hawk''." It comes from the Hawaiian words ''ʻio'', meaning "Hawaiian hawk," and ''lani'', meaning "royal." It may refer to: ;Places *ʻIolani School, a private school located in Hawaii *ʻIolan ...

and earned a degree in Near Eastern and Judaic studies at

Brandeis University Brandeis University () is a Private university, private research university in Waltham, Massachusetts, United States. It is located within the Greater Boston area. Founded in 1948 as a nonsectarian, non-sectarian, coeducational university, Bra ...

br>
ref name=":1" />

Career

Cashmere studied

Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

at the

William S. Richardson School of Law The William S. Richardson School of Law is the professional graduate law school of the University of Hawaiʻi at Mānoa. Located in Honolulu, Hawaii, the school is named after its patriarch, former Hawaii State Supreme Court Chief Justice Will ...

at the

University of Hawaiʻi at Mānoa The University of Hawaii at Mānoa is a Public university, public Land-grant university, land-grant research university in Honolulu, Hawaii, United States. It is the flagship campus of the University of Hawaiʻi system and houses the main offic ...

. he served as legal director for the

ACLU The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. ...

, worked with the Legal Aid Society of Hawaii and the Life Foundation, and was a member of the state's Ethics Committee from 1996 to June 30, 1999. As a member of the "Governor's Committee on

HIV The human immunodeficiency viruses (HIV) are two species of '' Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the im ...

AIDS The HIV, human immunodeficiency virus (HIV) is a retrovirus that attacks the immune system. Without treatment, it can lead to a spectrum of conditions including acquired immunodeficiency syndrome (AIDS). It is a Preventive healthcare, pr ...

," he played a central role in formulating policy that would at once protect the public from unsafe exposure and maintain the confidence of carriers.

Notable legal cases

Camp H.M. Smith cross

In 1984 and 1986, he filed suit against the Marine Corps to remove a 65-foot cross at Camp Holland M. Smith in

Honolulu Honolulu ( ; ) is the List of capitals in the United States, capital and most populous city of the U.S. state of Hawaii, located in the Pacific Ocean. It is the county seat of the Consolidated city-county, consolidated City and County of Honol ...

. Plaintiffs in the suit alleged that the cross is a religious symbol that violates the

First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...

. The cross had been erected for an Easter service in 1966, but naval officials argued it was a non-religious monument to

prisoners of war A prisoner of war (POW) is a person held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war for a ...

and soldiers

missing in action Missing in action (MIA) is a casualty (person), casualty classification assigned to combatants, military chaplains, combat medics, and prisoner of war, prisoners of war who are reported missing during wartime or ceasefire. They may have been ...

. Naval Admiral Judge Advocate T.E. Flynn decided to remove the cross in 1986, but that decision was overturned by Marine Corps commandant General Paul Kelley in 1987. In 1988, federal district court Judge Thomas Hogan ordered the cross to be removed. The cross was removed on December 1, 1988, and replaced with an 80-foot flagpole and a monument.

''Cammack v. Waihee''

On November 14, 1988, he challenged the state's

Good Friday Good Friday, also known as Holy Friday, Great Friday, Great and Holy Friday, or Friday of the Passion of the Lord, is a solemn Christian holy day commemorating the crucifixion of Jesus and his death at Calvary (Golgotha). It is observed during ...

holiday as a violation of the

U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constituti ...

and the Hawaii State Constitution. The case was decided on August 9, 1991. The

U.S. 9th Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * District ...

court upheld Hawaii's right to declare Good Friday as an official state holiday.

''Baehr v. Lewin''

On May 1, 1991, the plaintiffs filed a complaint in the First Circuit Court of Hawaii that the Hawaii Marriage Law was unconstitutional because it prohibited issuing a marriage license on the sole basis of same sex. On May 5, 1993, the Hawaii Supreme Court issued a decision in Baehr v. Lewin (later known as Baehr v. Miike). Cashmere was Lambda Legal Defense's local counsel and co-authored the amicus brief. In 1996, Cashmere was an attorney for three couples who sued Hawaii for denying marriage licenses on the sole basis the applicants were of the same sex. Circuit Judge Kevin Chang ruled that the state failed to prove a "compelling reason" to ban same-sex marriages.

Death

Cashmere died on December 2, 2002. A memorial service was held at Temple Emanu-El. The annual Kirk Cashmere Jewish Film Festival has been held in Honolulu from 2002 to 2019.

References

External links

Kirk Cashmere - Honolulu Star-Bulletin Obituary
{{DEFAULTSORT:Cashmere, Kirk 1955 births 2002 deaths Lawyers from Milwaukee Lawyers from Hawaii Brandeis University alumni William S. Richardson School of Law alumni