Senate Judiciary & Hawaiian Affairs Committee on Moloka'i

Molokai Dispatch
Front Page
November 3, 2005

A very special meeting, one of a series of seven, was held at Kulana 'Oiwi on October 22nd with State Attorney General Mark Bennett and members of the Senate Judiciary Committee - Chair Colleen Hanabusa, Vice Chair Clayton Hee, J. Kalani English and Suzanne Chun Oakland leading the discussion. Also present to discuss all-important matters affecting native Hawaiian issues now before the courts and Congress were Kamehameha Schools' CEO Dee Jay Mailer, Milton Pa from Molokai's DHHL office, and a representative from OHA.

According to Sen. English who was proud to say that "the Moloka'i public forum was the very first in the statewide series and, in retrospect, was especially useful given Molokai's large Hawaiian population." He was quick to add that "support for Hawaiian programs are integral on Moloka'i and people here want to keep it that that way - Hawaiian."

Sen. English said the intent of the public forum was to provide a general overview - where things stand at this point in time in regard to two cases before the court: Doe vs. Kamehameha Schools and Arakaki vs. Lingle. In regard to the Arakaki case, Bennett agreed that the goal was to "dismantle every Hawaiian program." When asked if this included DHHL, he confirmed that, "although not immediately - the intent is to get people off their homesteads and open the lands to everyone." Sen. English briefed us on some of the particulars of the case that include: 1) issues surrounding the 14th Amendment and constitutionality and 2) conditions for statehood - disposal of Federal property with regard to territorial laws. Granted the complexity of the matter and political doctrine (meaning outside the court) - there is much at stake for those who wish to preserve the integrity of Hawaiian homesteads. Sen. English confirmed that Bennett and the Senate committee "will fight aggressively in this regard." As for what next, given that all but the "state taxpayers standing issue" have been dismissed by the 9th Circuit Court, it is up to them to make a decision.

Moving on to Doe vs. Kam Schools, presenters reviewed KSBE policies that Sen. English said show that in all aspects of operation, "race is absolutely not the bar to admission."

In August 2005 Bennett, on behalf of the State of Hawai'i, sent the U. S. Court of Appeals - 9th Circuit an amicus curiae brief in support of Kamehameha School's Petition for Rehearing En Banc, which seeks to have 11 judges rehear the case, and overturn the 2 - 1 panel ruling striking Kamehameha's Native Hawaiian admissions policy as an illegal "racial" contract. The amicus brief urged the Ninth Circuit to rehear the case en banc, because the case presents a question of "exceptional importance" further explaining that "the existing panel ruling will have a profound negative impact on the State, the public interest, and Native Hawaiians by threatening an institution that has done more to remedy the wrongs committed against Native Hawaiians than perhaps any other private entity, and disregards clear evidence that Congress does not view the activities of Kamehameha as unlawful, but affirmatively endorses them." The brief also argues that the panel erred in declining to consider a fundamental argument - "that Congress does not view Kamehameha's admissions policy as being 'racial' at all."

The case should come before the court sometime in the middle of next year.

When it came time for Q & A, many inquiries were made about the status of the Akaka Bill still before Congress. Sen. English stated that most everyone agrees that, "with about 12 new amendments to the original bill, we need to revisit the bill before supporting the new conditions." Hopes are that Congress will take up the bill before their holiday break in December.

In conclusion, Sen. English thanked Bennett for "a job well done in summarizing the cases, and for all the valuable input by presenters and Molokai residents in attendance." In return, he said that our Kupuna expressed their heartfelt thanks to those who took the time to come to their island say, "this is important to us and our 'ohana."

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