A Hawaii lawmaker has filed a new challenge to the state's newly approved gay marriage law, also known as SB1.

Democratic Governor Neil Abercrombie signed the bill into law on November 13, a day after it cleared the Hawaii Legislature, and it takes effect on Monday, December 2.

(Related: Gay couples prepare to marry in Hawaii.)

Hawaii Rep. Bob McDermott, a Republican, claims that the law conflicts with a 1998 voter-approved constitutional amendment. McDermott has argued that the amendment only allows the Legislature to define marriage as a heterosexual union.

“What the voters thought they were voting – the power to reserve marriage to opposite-sex couples only,” said McDermott. “That word 'only' is key. That was mailed to every voter in 1998.”

A judge has scheduled a hearing on the motion for January 13, according to the Honolulu Star-Advertiser.

The day after Abercrombie signed the marriage bill, a judge rejected McDermott's assertions that the law violated the Hawaii Constitution.

Circuit Court Judge Karl Sakamoto said that the Legislature has an inherent right to define marriage through the enactment of statutes, including allowing same-sex marriage as it has done.

“After all the legal complexity of the court's analysis, the court will conclude that same-sex marriage in Hawaii is legal,” Sakamoto said in deciding the case.

“The court battle is not over,” McDermott wrote on his Facebook page last week. “Please support our effort to protect the 1998 decision of Hawaii's people in favor of the protection of traditional marriage. Don't let Gov. Abercrombie rewrite history and the meaning of the constitutional amendment.”