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
Health Coverage for American Indians and Alaska Natives
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:
Indigenous activists reclaim nation's capital in defiance of Trump (4/28)
Cheyenne River Sioux Tribe ends appeal in Dakota Access lawsuit (4/28)
Ute Tribe demands 'voice' as Trump orders review of Bears Ears (4/28)
Senate panel takes up bill to bring AMBER Alert funding to tribes (4/28)
Gun Lake Tribe prepares for grand opening of casino expansion (4/28)
Arne Vainio: We lost a fluent Ojibwe speaker in Larry Smallwood (4/28)
Native Sun News Today: Runners from Standing Rock head to Ohio (4/28)
James Giago Davies: People tell me it's better to read about pets (4/28)
Harold Monteau: Supreme Court stirs smelly pot of fish head stew (4/28)
Steven Newcomb: 'Picking Fights' book is a must-read for Natives (4/28)
Whiteclay liquor stores must close temporarily amid court battle (4/28)
Disputed leaders of Nooksack Tribe hit by Supreme Court decision (4/27)
Indigenous activists make presence known for climate march in DC (4/27)
Interior Department announces $5.7M in tribal preservation grants (4/27)
Mark Trahant: Senate candidate cites Standing Rock as 'awakening' (4/27)
Native Sun News Today: Battle over Whiteclay liquor just beginning (4/27)
Ivan Star Comes Out: Why are we still dealing with racism today? (4/27)
Albert Bender: Navajo family still waiting on justice for loved one (4/27)
Whiteclay liquor stores win surprise court ruling on liquor licenses (4/27)
Dakota Access firm faces fines for two spills of drilling fluid in Ohio (4/27)
Gathering of Nations gets ready for annual powwow in new venue (4/27)
Secretary Zinke lacks leadership team more than a month into job (4/27)
Republicans seek to avoid shutdown with temporary spending bill (4/27)
Supreme Court ruling seen as benefit to casino bus crash lawsuit (4/27)
Mashantucket Tribe charges off-duty officer for assault at casino (4/27)
Trump singles out Bears Ears as an 'abuse' of government's power (4/26)
Doug George-Kanentiio: Let's call Columbus by what he truly was (4/26)
Native Sun News Today: Lakota youth set up beekeeping business (4/26)
Cronkite News: Trump seeks to hire thousands of border officers (4/26)
Doug Pibel: New film teaches us about value of indigenous seeds (4/26)
Jenn Weddle: 'Best possible result' from court in sovereignty case (4/26)
Peter d'Errico: Oneida architect offers indigenous approach to law (4/26)
Whiteclay liquor stores aim to stay open pending fight for licenses (4/26)
Support for Standing Rock Sioux Tribe leads to recall in Alaska city (4/26)
Mishewal Wappo Tribe loses appeal in federal recognition lawsuit (4/26)
Police use tear gas & rubber bullets at indigenous protest in Brazil (4/26)
Mohegan Tribe wants gaming disputes resolved in judicial system (4/26)
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.