The state called four expert witnesses with specialties in psychology and sociology. The plaintiffs also called four expert witnesses with specialties in psychology, sociology and child development. On December 3, 1996, Judge Chang ruled that the state had not established any compelling interest in denying same-sex couples the ability to marry and that, even if it had, it failed to prove that the Hawaii statute was narrowly tailored to avoid unnecessary abridgement of constitutional rights. He instructed the state to issue marriage licenses to otherwise-qualified same-sex couples.Baehr v. Miike, Circuit Court for the First Circuit, Hawaii No. 91-1394 The following day Chang stayed his ruling, acknowledging the "legally untenable" position couples would be in should the Supreme Court reverse him on appeal.
