indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Native Hawaiians in limbo as courts open up programs
Thursday, September 4, 2003

A federal appeals court on Tuesday rejected two lawsuits challenging Native-only programs in Hawaii but didn't rule on the constitutionality of loans, funding and other benefits for the state's first inhabitants.

The unanimous decision from the 9th Circuit Court of Appeals stopped short two non-Natives who claim their rights are being violated. A three-judge panel found that Patrick Barrett and John Carroll, a former state Republican Party chairman, lack standing to dispute programs available only to residents with at least one-fourth Hawaiian blood.

But a federal judge is about to rule in a separate lawsuit against the same programs. U.S. District Judge Susan Mollway has already found that the plaintiffs in that case have standing. She will hold a hearing Monday.

If Mollway opens the programs to non-Natives, it would be another in a string of defeats for Native Hawaiians and their supporters. Ever since the Supreme Court, in the 2000 case Rice v. Cayetano, struck down as unconstitutional an election limited to Natives, the state has been attacked on several fronts.

In response to court decisions, the Office of Hawaiian Affairs (OHA) has been forced to allow non-Natives to run for its trustee positions. Late last month, the Kamehameha Schools was ordered to admit a non-Native student.

The decisions come as Native Hawaiians lobby for federal recognition from the U.S. A bill to establish a Native government has languished in Congress since 2000 amid doubts over its legality.

Supporters, including Gov. Linda Lingle (D), believe recognition will preserve Native-only benefits. They make a similar comparison to programs for American Indians and Alaska Natives on the mainland.

The issue is crucial because many Natives fear their homelands will be opened to non-Natives. The courts have yet to rule whether land set-asides violate the U.S. constitution's ban on race-based privileges.

Months after the Cayetano decision came down, the Clinton administration recommended that the U.S. confirm a government-to-government relationship with Native Hawaiians. The August 2000 report, from the Department of Interior and Department of Justice, underscored a long, and often tumultuous, history between the two nations that includes the 1893 overthrow of Queen Liliuokalani and an apology from Congress 100 years later.

The Bush administration has not embraced the Hawaiian sovereignty movement, prompting criticism from supporters who note that Solicitor General Ted Olson, the government's top Supreme Court lawyer, won the Cayetano case while he was in private practice.

The Senate Indian Affairs Committee has sent the recognition bill to the Senate floor after incorporating changes suggested by the Bush administration. The House, in 2000, passed an earlier version of the bill but has not taken up the revision.

Get the Decision:
Carroll v. Nakatani (September 2, 2003)

Federal Recognition Bills:
S.344 | H.R.665

Relevant Links:
Native Hawaiian Sovereignty Site - http://www.hawaii-nation.org
Native Hawaiians, Department of Interior - http://www.doi.gov/nativehawaiians
Native Hawaiian Federal Recognition Site - http://www.nativehawaiians.com

Related Stories:
Native Hawaiian recognition stalled in Congress (09/01)
Judge to rule in Native Hawaiian school case (08/20)
Native Hawaiians fight for federal recognition (07/21)
Student denied entry into Hawaiian school sues (06/30)
DOJ objected to Native Hawaiian legislation (06/06)
Native Hawaiians denied party status in suit (04/01)
Native Hawaiian office established in D.C. (02/27)
Opinion: Oppose Native Hawaiian bill (2/21)
Court affirms Native Hawaiian ruling (01/06)
Native Hawaiians press sovereignty (10/14)
U.S. dismissed from Native Hawaiian case (09/04)
Inouye: Native Hawaiian bill won't pass (8/8)
Native Hawaiian bill supported (7/16)
Native Hawaiians intervene in lawsuit (7/12)
Judge won't halt Hawaiian funding (3/14)
Native Hawaiian trust challenged (3/6)
Native Hawaiian bill on Senate agenda (7/20)
Federal judge blocks Army training (7/19)
Native Hawaiian lawsuit dismissed (7/13)
Shift in Senate means changes for Indian Country (5/25)
Senate confirms Olson as Solicitor General (5/25)
Native Hawaiian lands threatened (5/24)
A first for Native Hawaiians (4/5)
Indian Law and the Supreme Court (12/11)
OHA survives elections (11/14)
Final Hawaiian report released (10/24)
Native Hawaiian bill passes House (9/27)
Hawaiian affairs still controversial (9/13)
US recommends Hawaiian sovereignty (8/24)
Non-Natives win battle in suit (8/17)
Where are the Dems on tribes? (8/16)
March raises sovereignty awareness (8/14)
The GOP 2000 Platform on Native Americans (8/1)
Group challenges Hawaii (7/7)
Hawaiians march for sovereignty (7/5)

Copyright 2000-2003 Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
DOJ sides with Tulalip Tribes in taxation dispute in Washington (8/4)
Tribes receive first round of grants from Seeds of Native Health (8/4)
Tribal comment sought for final round of Promise Zone initiative (8/4)
Native Sun News: Bike ride raises money for Pine Ridge families (8/4)
Lakota Country Times: Ball fields dedicated to Pine Ridge youth (8/4)
Native Sun News Editorial: Native community rises in Rapid City (8/4)
Vi Waln: Clear your minds before coming to sacred ceremonies (8/4)
Adrienne Keene: Cultural appropriation reinforces past wrongs (8/4)
Steve Russell: Small tribes get even smaller with disenrollment (8/4)
Valentin Lopez: Founder of brutal Indian missions was no saint (8/4)
David Ramseur: Ease travel for Natives in Alaska and in Russia (8/4)
Commerce Blog: Secretary Pritzker visits Bay Mills Community (8/4)
NPS suppresses probe into destruction at burial mound in Iowa (8/4)
Comanche Nation boxer set for next match on home territory (8/4)
Maine tribes denied seat at table in law enforcement matters (8/4)
Chumash Tribe paid $15M for parcel near land-into-trust site (8/4)
Ketchikan Indian Community helps dedicate new totem pole (8/4)
Pamunkey Tribe enters federal recognition era with new chief (8/4)
Nanticoke Lenni-Lenape Tribal Nation to expand land holdings (8/4)
Review: 'Never Alone' game brings Alaska Native culture to life (8/4)
Sault Tribe remains confident in off-reservation gaming dispute (8/4)
Eastern Cherokee budget depends heavily on gaming revenues (8/4)
Arizona tribes see growth in casino revenue for another quarter (8/4)
Coeur d'Alene Tribe awards largest jackpot with $1.3M payment (8/4)
Kalispel Tribe sees golf course purchase as way to boost casino (8/4)
Editorial: Catawba Nation casino represents jobs and revenues (8/4)
Judge won't allow suit over death of young member of Ute Tribe (8/3)
Cheyenne River Sioux Tribe finally starts work on movie theater (8/3)
Morongo Band awards $40K in scholarships to Native students (8/3)
Native Sun News: Indian lawmakers achieve goals in Montana (8/3)
Lakota Country Times: Skate competition grows at Pine Ridge (8/3)
Mark Trahant: Appoint tribal delegates to serve in US Congress (8/3)
Delphine Red Shirt: Restore Black Hills peak to its rightful name (8/3)
Dana Lone Elk: Lakota grandmothers hold our society together (8/3)
Steve Russell: The Great White Lion Hunter kills only for thrills (8/3)
Terese Marie Mailhot: Native people endure delays for justice (8/3)
Sarah Deer: Ending the cold war over land-into-trust in Alaska (8/3)
Steven Newcomb: High court still relying on Christian doctrine (8/3)
Navajo Nation couple weighs court challenge to marriage law (8/3)
Isleta Pueblo celebrates milestone in tribal education system (8/3)
Chemehuevi Tribe accuses law enforcement of racial profiling (8/3)
Alaska Natives deal with toxic legacy in poisoned food supply (8/3)
Mille Lacs Band halts walleye harvest amid declining numbers (8/3)
Choctaw Nation police officer helps arrest suspects in murder (8/3)
Florida court dissolves injunction in Indian online lender case (8/3)
Arizona cites immunity in Tohono O'odham Nation casino case (8/3)
Fond du Lac Band wants to resolve long-running gaming fight (8/3)
Snoqualmie Tribe hires new chief operating officer for casino (8/3)
Editorial: Seminole Tribe is a good gaming partner for Florida (8/3)
Editorial: Something's gotta give in New England casino race (8/3)
Muscogee Nation activist dangled from bridge to stop oil ship (7/31)
Native Sun News: Rapid City mayor denies claim of retaliation (7/31)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.