indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Fredericks Peebles & Morgan LLP
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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Businesses show support for LNI tournament (3/27)
Lakota Country Times: Oglala Sioux fighter climbing in the ranks (3/27)
Mark Trahant: Alaska Natives look 10,000 years into the future (3/27)
Ivan Star: The influences of boarding school and Vietnam War (3/27)
Gyasi Ross: Funerals become family reunions in Indian Country (3/27)
Tim Giago hands over the reins as publisher of Native Sun News (3/27)
House committee passes Native American Children's Safety Act (3/27)
Bill to benefit Miami Nation moves forward in House and Senate (3/27)
City extended contract to send treated sewage to sacred peaks (3/27)
Oneida Nation welcomes ruling backing land-into-trust request (3/27)
Lawmakers want BIA to delay new federal recognition reforms (3/27)
Another conviction from Chippewa Cree Tribe corruption probe (3/27)
Editorial: Shakopee Tribe contributes $5M for health initiative (3/27)
Opinion: Navajo Nation enacts 'sin tax' on unhealthy products (3/27)
Editorial: Opposition to Pamunkey Tribe recognition 'revolting' (3/27)
Dennis Jenkins: Hypocrisy for new tribal casinos in Connecticut (3/27)
Supreme Court asked to hear Kialegee Tribal Town gaming case (3/27)
Ho-Chunk Nation extends agreement for off-reservation casino (3/27)
Indiana lawmakers seek role in Pokagon Band gaming compact (3/27)
Native Sun News: Oglala Sioux leader not pleased with boycott (3/26)
Lakota Country Times: Lakota Nation Invitational stays in Rapid (3/26)
Native Sun News: Mayor of Rapid City addresses race relations (3/26)
Jane Daugherty: Tribal e-commerce continues to draw scrutiny (3/26)
Witness list for Senate Indian Affairs Committee's field hearing (3/26)
Richard Iron Cloud: Remove murderer's name from sacred peak (3/26)
Native Youth: Bring dental therapy providers to Indian Country (3/26)
Steven Newcomb: Tribal nations still under dominating process (3/26)
Law firm hosts tribes for session on marijuana in Indian Country (3/26)
Judge upholds BIA decision on Oneida Nation land-into-trust bid (3/26)
Appeals court rules against Crow Tribe in housing grant dispute (3/26)
Ho-Chunk Nation raises minimum wage to $2.75 above federal (3/26)
Mishewal Wappo Tribe to appeal decision in recognition lawsuit (3/26)
Racist emails of former Montana federal judge to be preserved (3/26)
Shingle Springs Band considered but rejected indoor gun range (3/26)
House panel backs bill to block Tohono O'odham Nation casino (3/26)
Quapaw Tribe did not include casino on land-into-trust request (3/26)
Chumash Tribe never got apology for diplomat's casino remark (3/26)
Governor won't sign casino compact with Fort Sill Apache Tribe (3/26)
Cherokee Nation approves $6.9M renovation project for casino (3/26)
Native Sun News: Oglala Sioux veteran training for Paralympics (3/25)
Alaska Native musher Chuck Schaeffer completes 2015 Iditarod (3/25)
LTBB News: Michigan tribes come together for historic meeting (3/25)
Lecture focuses on repatriation of tribal intellectual properties (3/25)
Board still working on delivering money for Cobell scholarships (3/25)
Sen. Barrasso to chair field hearing on drugs in Indian Country (3/25)
Bill for tribal marijuana compacts up for hearing in Washington (3/25)
Choctaw Nation chief hopes to travel to Ireland for monument (3/25)
HHS urged to do more to help tribes with foster care programs (3/25)
Eastern Cherokees work to teach language to new generations (3/25)
Another suggestion for Indian woman on $20 bill -- Sakakawea (3/25)
Man from Crow Tribe cites self-defense in fatal casino shooting (3/25)
Shawnee Tribe sees opposition to off-reservation gaming plan (3/25)
Navajo Nation signs Class III casino compact with New Mexico (3/25)
Quapaw Tribe insists a casino isn't focus of Arkansas land plan (3/25)
Suquamish Tribe reaches deal to allow highway work at casino (3/25)
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.