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[article provided by Lona. Thanks!]

http://www.nytimes.com/00/02/23/late/23cnd-scotus-hawaii.html
February 23, 2000

Supreme Court Strikes Hawaii Rule that Limits Some Voting by Ancestry

By DAVID STOUT
ASHINGTON, Feb. 23 -- In a ruling that recalled a sad chapter in American
history, the Supreme Court today struck down Hawaii's practice of letting
only people of Hawaiian blood vote for leaders of a program for descendants
of the original islanders.
The 7-to-2 ruling held that the practice has allowed unlawful racial
discrimination. "A state may not deny or abridge the right to vote on
account of race, and this law does so," Justice Anthony M. Kennedy wrote for
the majority as it voided a section of Hawaii's Constitution.

At issue is a state agency, the Office of Hawaiian Affairs, that dispenses
millions of dollars each year on behalf of "Hawaiians" and "native
Hawaiians." The first definition applies to the 20 percent of the state
population that can claim at least one indigenous ancestor, and the second
to the far smaller cadre with at least 50 percent native blood.

Under the state's Constitution, only members of the two groups can vote for
trustees of the agency. The clause was challenged by Harold F. Rice, whose
roots in the island date to 1831, when his ancestors arrived. But Mr. Rice
is Caucasian, and therefore has been ineligible to vote for the trustees.

"Ballot box racial discrimination, plain and simple," Mr. Rice's lawyer told
the High Court last fall, arguing that the agency elections should be open
to all voters in the state. To restrict the elections, he argued, violated
the 14th and 15th Amendments, dealing with equal protection and the right to
vote regardless of race, color or "previous condition of servitude."

No, the state countered, the case is not about racial discrimination but
rather about a "distinct and unique indigenous group" for which Congress and
the government of Hawaii have assumed a special obligation. The Clinton
Administration sided with the state in the case, No. 98-818.

Mr. Rice did not challenge the state's right to create a trust to benefit
people of Hawaiian blood, only the restriction on voting. Created in 1978,
the agency handles a $300 million trust fund that provides various types of
social and educational aid for those who are eligible.

The sad paradox inherent in the ruling is that the original islanders were
long subjected to discrimination, and worse, by European newcomers. Hawaii
was a kingdom until 1893, when its native monarchy was overthrown with
United States help. The islands were a territory until Hawaii became the
50th state in 1959.

In 1993, the Clinton administration acknowledged that the 1893 action was
illegal and issued an apology. Those who know the history of Hawaii say that
the original islanders were mistreated by white newcomers in much the same
way that American Indians were mistreated.

Justice Kennedy said as much today. "When the culture and way of life of a
people are all but engulfed by a history beyond their control, their sense
of loss may extend down through generations," he wrote. But he added that
modern-day Hawaii's addressing of those grievances must recognize that the
United States Constitution "has become the heritage of all citizens of
Hawaii."

===

[article provided by Sahoni Redbird. Thanks!]

>The Maui News
>February 23, 2000
>
>By BRIAN PERRY
>
>Staff Writer
>
>WAILUKU -- The U.S. Supreme Court's decision to invalidate
>Hawaiians-only voting for trustees of the Office of Hawaiian Affairs
>was not unexpected, and it could become a catalyst for Hawaiian
>sovereignty, leaders in Maui County's Hawaiian community said this
>morning.
>
>``I think it's going to bring the Hawaiian people closer together,''
>said Maui OHA Trustee Louis Hao. ``The Hawaiian people need to file
>another lawsuit against the State of Hawaii and the federal
>government for the illegal overthrow (of the monarchy in 1893).''
>
>Hao said it's going to take some time to figure out the impact of the
>high court's ruling. Does it mean the general public will vote for
>Hawaiian leaders and ``other people make decisions for Hawaiians?''
>he asked.
>
>The Rev. Clarence Kamai, a Native Hawaiian pastor and community
>leader in Paukukalo, said he thought Big Island rancher Harold Rice,
>a Caucasian, was right in challenging OHA elections.
>
>``It always was that Rice was right,'' he said. ``I think Rice has
>done us a favor and made us aware you don't ostracize other
>nationalities . . . This tells the state everybody has the privilege
>to vote.''
>
>Kamai said excluding people according to race is as wrong as not
>allowing women to vote, which was the practice in the Kingdom of
>Hawaii before its overthrow.
>
>But Kamai's support for Rice was limited narrowly to issue of
>Hawaiian-only voting for OHA members. He said OHA's assets and
>benefits should go only to those of Native Hawaiian descent.
>
>Native Hawaiian community leader Charles Kauluwehi Maxwell Sr. said
>Hawaiians are likely to be angered by the decision, but they should
>not be alarmed if the Supreme Court ruling narrowly affects only OHA
>voting and not entitlements for Hawaiians.
>
>``I urge all Hawaiians to just be cool,'' Maxwell said.
>
>He said another group like Aha Oiwi Hawaii, which conducted its own
>election without state money, should take the place of OHA, which
>Maxwell said has become dysfunctional over the years.
>
>Maxwell, who is a delegate at large for Aha Oiwi Hawaii and vice
>chairman for Maui Nui Akama, said the group met recently and, in
>anticipation of the Rice ruling, passed several motions for Hawaiians
>to seek self-determination.
>
>``This is a wake-up call for all of us to get together and for us to
>finally seek self-determination,'' he said.
>
>Walter Ritte Jr., a Native Hawaiian leader on Molokai who served as
>one of OHA's first trustees, said the Rice decision should be an
>impetus for OHA to break away from state funding and other controls
>and strike out on its own.
>
>``I don't know why OHA is part of the state (government) in the first
>place,'' he said.
>
>Ritte said the long-term goal for OHA always has been to make it an
>independent body. In its early days, OHA needed funding help from the
>state for elections and operations, but now it has funding from ceded
>lands as a source of income separate from the state's general fund.
>
>``There's no reason why OHA can't go on its own and not rely on any
>public funds,'' he said. ``We're grown up enough that we can do
>that.''
>
>Ritte said revenues from ceded lands should be considered an
>independent funding source.
>
>``If they want to say that's illegal, (then) that's another court
>battle,'' he said.
>
>Ritte said it's important to put a positive spin on the Rice decision
>because Native Hawaiians are weary of always being on the short end
>of the stick.
>
>``There're a lot of disgruntled Hawaiians out there,'' he said.
>
>That anger could lead to confrontations, he said. ``You can only push
>people so far backward.''
>
>Molokai/Lanai OHA Trustee Colette Machado said she prefers not to
>comment until she had a chance to review the Rice decision.
>
>Mayor James ``Kimo'' Apana is traveling out of state and could not be
>contacted.
>
>Maui County Council Member Riki Hokama, a delegate to the Hawaii
>Constitutional Convention in 1978, said the sentiment at the time was
>that a Hawaiian-only vote ``reinforced the self-determination aspect
>of the Native Hawaiians.''
>
>Hokama said he hopes the court's decision would motivate greater
>participation by the state and citizens on what type of governance
>Native Hawaiians should have.
>
>``I also hope it will re-energize and solidify Native Hawaiians to
>come up with a single-minded purpose that we can all support,'' he
>said.
>
>SPEAK OUT
>
>What is your reaction to the Supreme Court decision striking down
>Hawaii's practice of letting only people with Hawaiian blood vote in
>Office of Hawaiian Affairs elections?
>
>Give us your view by calling The Maui News Speak Out Hotline no later
>than midnight Thursday. Leave a brief message along with your first
>and last name (please spell them out), town and phone number for
>verification. Responses also may be faxed to 242-9087 or e-mailed to
>editor@mauinews.com. Your name and comments may appear in The Maui
>News. Comments may be edited for length and clarity. Responses will
>be published Sunday.
>
>
>
>------------------------------------------------------------------------
>
>
>
>--
>    ___________________________________________________________
>   |             Hawai`i - Independent & Sovereign             |
>   |    info@hawaii-nation.org     http://hawaii-nation.org    |
>   |___________________________________________________________|
>  "The cause of Hawaii and independence is larger and dearer than
>  the life of any man connected with it. Love of country is deep-
>  seated in the breast of every Hawaiian, whatever his station."
>                       - Queen Lili`uokalani

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