indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Dynamic Homes
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...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Lakota War Path team wins world relay title (7/22)
Raina Thiele: Native youth participate in My Brother's Keeper (7/22)
Senate Committee on Indian Affairs looks into tribal gaming (7/22)
NIGC reports 'stable' growth in $28B tribal gaming industry (7/22)
Gyasi Ross: Indigenous children at border need to be heard (7/22)
Jay Daniels: Land consolidation program isn't really working (7/22)
Mark Rogers: Reality of being an invisible Indian in New York (7/22)
Center: Report outlines harmful effects of 'Indian' mascots (7/22)
Yurok Tribe combats illegal marijuana farms on reservation (7/22)
University of California welcomes Native youth to campus (7/22)
Al Jazeera: Organization celebrates Black Indian ancestry (7/22)
Coeur d'Alene Tribe axes Ted Nugent at casino over racism (7/22)
Wyandotte Nation off-reservation casino lawsuit dismissed (7/22)
Editorial: Progress on Tohono O'odham Nation gaming plan (7/22)
Tim Giago: Treat alcoholism and drug addictions as diseases (7/21)
Charles Trimble: No longer a Wannabee with Oglala tribal ID (7/21)
Doug George-Kanentiio: Mohawk Nation endures 800+ years (7/21)
Native Sun News: Tribes seek final judgment in ICWA dispute (7/21)
Native Sun News: Paper takes home awards at NAJA meeting (7/21)
Travis Armstrong: Newspaper unfairly targets Morongo Band (7/21)
James Rawlings: Connecticut tries to deny tribal recognition (7/21)
Ryan Bellerose: Indigenous people win with truth on our side (7/21)
Opinion: Warfare caused genocide among New England tribes (7/21)
Editorial: A landmark decision for tribal sovereignty in Alaska (7/21)
Al Jazeera: Advocates seek inclusion of Alaska tribes in VAWA (7/21)
Teens accused of killing homeless Navajo men in New Mexico (7/21)
Shoni Schimmel earns most valuable player at WNBA All-Stars (7/21)
Daily Beast: Native lacrosse players encounter racism on field (7/21)
James Garner, actor with Cherokee heritage, passes on at 86 (7/21)
More people turn in human remains to Washington authorities (7/21)
Lytton Band donates $1M to bolster land-into-trust application (7/21)
Unsettled Ch. 23: Passamaquoddy leader indicted for stealing (7/21)
Man awaits trial for slaying of Chitimacha Tribe's police officer (7/21)
Editorial: No rubes at Quechan Nation in saying no to NFL team (7/21)
Wyandotte Nation agrees with dismissal of casino site lawsuit (7/21)
Catawba Nation reports strong opening weekend at bingo hall (7/21)
Chief of Mashpee Wampanoag Tribe wary of $500M casino bid (7/21)
Editorial: Meskwaki Tribe should compromise on racetrack site (7/21)
Editorial: Florida should take lesson from Atlantic City casinos (7/21)
Native Sun News: North Dakota tribe contains spill at pipeline (7/18)
Richard Littlebear: Montana takes the lead in Indian education (7/18)
President of Oglala Sioux Tribe survives impeachment attempt (7/18)
Senate candidate backs holocaust memorial at Wounded Knee (7/18)
Alaska Supreme Court sides with tribe in child welfare dispute (7/18)
A Tribe Called Red breaks ties with founding member DJ Shub (7/18)
New Mexico governor hosts annual meeting with tribal leaders (7/18)
Case in Point: Citizen Potawatomi Nation creates an economy (7/18)
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.