Miike (D) was sued in his official capacity of Director of Department of Health for the State of Hawaii. Baehr (P) sued D in that his agents denied Ps a marriage license based solely on the grounds that they were same sex couples. In Baehr v. Lewin the Hawaii Supreme Court directed a remand of these issues in accordance with the strict scrutiny standard which gave to D the burden of demonstrating its compelling state's interest in order to discriminate on the basis of sex in the issuance of marriage licenses. Various witnesses were called to bolsters claims by each side.