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Rights of Native Hawaiian Children Attacked in Courts - Dangerous Precedents Have Serious Ramifications for All People of Color

(PRWEB via PR Web Direct) October 13, 2005 -- Outraged by the August 2, 2005 decision against the Kamehameha Schools, a grade school
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 for Hawaiian and part Hawaiian children solely funded by the trust of Princess Bernice Pau`ahi Bishop, Native Hawaiians and their supporters will march on the United States Court of Appeal, 9th Circuit October 22, 2005. The 12:00 p.m. march and rally will begin at Defenders’ Parkway between Orange Grove and Grand Avenue.

 “  This case…speaks to broader issues relating to the preservation of unique Native Hawaiian rights that are presently recognized as a matter of state and federal law, but which are under attack by misguide...  
In Doe v. Kamehameha, the United States Court of Appeals, 9th Circuit uses Civil Rights laws as a weapon against the very people the laws were meant to protect. The justices declared Hawaiians a "race" and not an "indigenous people" with a political relationship to the United States (i.e., Native Americans); therefore, Kamehameha must admit any child who wishes to attend - in the case of Doe v. Kamehameha, a non-Hawaiian teenager from California. The opinion was authored by Justice Bybee, a conservative political appointment of George W. Bush.

In her dissent, Justice Graber stated the following: “In 1988….Congress recognized the United States government’s unique relationship with Native Hawaiians, acknowledged the severe socioeconomic and educational disadvantages experienced by Native Hawaiians…” (See Hawaiian Statistics below).

Despite the 1993 issuance of the Apology Resolution (Public Law 103-105), acknowledging the participation of the United States in the illegal overthrow of Kingdom of Hawai`i, Hawaiians have been plagued by a series of court cases in recent years. New factions have formed which have successfully challenged Hawaiian rights by proffering the utopian ideal of a “color blind” society.

•    Rice v. Cayetano (528 U.S. 495 (2000)) - Non Hawaiians sue for the right to be a Trustee of the Office of Hawaiian Affairs - the Office of Hawaiian Affairs case was argued by now Chief Justice John Roberts before the Supreme Court.
•    Arakaki v. Lingle (formerly Cayetano) (No. 04-15306p ) - The U.S. Court of Appeals, 9th Circuit ruled that taxpayers living in Hawai`i have standing to challenge state funding through taxes of the Department of Hawaiian Home Lands and Office of Hawaiian Affairs. Since the State chooses to fund these programs through taxes rather than ceded land revenues (land belonging to Hawaiian people), this ruling could spell the end of both DHHL and OHA.

The 9th Circuit and Supreme Court are setting dangerous precedents which will affect all people of color. Steve Moore, an attorney for the Native American Rights Fund, said, “This case…speaks to broader issues relating to the preservation of unique Native Hawaiian rights that are presently recognized as a matter of state and federal law, but which are under attack by misguided "color-blind/equal rights" advocates.” Amicus Curiae briefs in support of Kamehameha’s request for rehearing were filed by National Association of Independent Schools; National Indian Education
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 Association and the Alaskan Federation of Natives; Equal Justice Society/the Japanese American Citizens League.

The Ku i ka Pono (Stand for Justice) March & Rally in support of Kamehameha Schools is sponsored by `Ilio`ulaokalani, a Hawaiian rights organization based in Honolulu.

Additional Information
Hawaiian Statistics:
1. During 1996-2000, Native Hawaiians were 2.5 times more likely to be diagnosed with diabetes than non-Hispanic white residents of Hawaii of similar age. (Source: Centers for Disease Control)
2. In 2000, infant mortality among Native Hawaiians was 9.1 per 1,000, almost 60 percent higher than among whites (5.7 per 1,000). (Source: Centers for Disease Control)
3. Native Hawaiians have the highest death rate from breast cancer than any racial/ethnic group in the Unites States. (Source: U.S. Department of Health and Human Services)
4. Hawaiians are approximately 15% of the total population of Hawai`i but 22.3% of the prison population. (Source: Hawai`i Census)
5. Of 5,877 people on the homeless stipend program 1,962 were Hawaiian (2001) (Source: State of Hawai`i Databook)

* For the text of Doe v. Kamehameha (No. 04-15044 CV-03-00316-ACK): http://www.ca9.uscourts.gov/coa/newopinions.nsf/A294DE38BC83F75B88257051005488B8 /$file/0415044.pdf?openelement
* For more information regarding the Doe v. Kamehameha: http://www.ksbe.edu/lawsuit.php
* For more information regarding `Ilio`ulaokalani: http://www.ilio.org

All media inquiries should be directed to Miki Kim at (323) 839-7880.


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