Hawaiian home lands lawsuit - unconstitutional due to race based (Read 347 times)

zippz

Lawsuit saying the Hawaiian home lands 50% hawaiian blood requirement is unconstitutional as it's based on race.  This is different from the indian tribes as Hawaiian's were never federally recognized as a tribe.  Do you think it's unconstitutional or should be allowed somehow?

New lawsuit targets eligibility requirements for Hawaiian homes leases
The suit was filed by an Oahu resident who is not Native Hawaiian.

https://www.hawaiinewsnow.com/2026/06/03/new-lawsuit-targets-eligibility-requirements-hawaiian-homes-leases/

changemyoil66

Re: Hawaiian home lands lawsuit - unconstitutional due to race based
« Reply #1 on: June 03, 2026, 05:13:42 PM »
I've always wondered why no one sued Kamehameha for their Hawaiians only like policy.  The kool aid is strong in Hawaii.

zippz

Re: Hawaiian home lands lawsuit - unconstitutional due to race based
« Reply #2 on: June 03, 2026, 05:49:28 PM »
I've always wondered why no one sued Kamehameha for their Hawaiians only like policy.  The kool aid is strong in Hawaii.

Kamehameha schools is a private school that doesn't use government funds.  They should be able to dictate which students they take.  It is different from Harvard where they receive federal funds and grants and the Hawaiian Homelands which is a government entity.

Forgot to mention Kamehameha school got sued a couple of times in the past ending with large settlements.  They knew they would lose.  Not sure how it'll turn out this time as on one hand it's an anti-DEI environment, but on the other the crackdown is focused on Government related programs and NGOs and while allowing private organizations to do their own thing.
« Last Edit: June 03, 2026, 06:17:40 PM by zippz »

ren

Re: Hawaiian home lands lawsuit - unconstitutional due to race based
« Reply #3 on: June 03, 2026, 05:58:11 PM »
How much do we taxpayers give DHHL? and what have they done?
Deeds Not Words

Rocky

Re: Hawaiian home lands lawsuit - unconstitutional due to race based
« Reply #4 on: June 03, 2026, 06:09:27 PM »
I've always wondered how many parcels DHHO has actually given to Hawaiians since 1920 ? ::)
Inquiring minds want to know !
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

macsak

Re: Hawaiian home lands lawsuit - unconstitutional due to race based
« Reply #5 on: June 03, 2026, 07:43:42 PM »
i have been told that the reason they went to free tuition was to dodge at least some of the lawsuit...

Kamehameha schools is a private school that doesn't use government funds.  They should be able to dictate which students they take.  It is different from Harvard where they receive federal funds and grants and the Hawaiian Homelands which is a government entity.

Forgot to mention Kamehameha school got sued a couple of times in the past ending with large settlements.  They knew they would lose.  Not sure how it'll turn out this time as on one hand it's an anti-DEI environment, but on the other the crackdown is focused on Government related programs and NGOs and while allowing private organizations to do their own thing.

Flapp_Jackson

Re: Hawaiian home lands lawsuit - unconstitutional due to race based
« Reply #6 on: June 04, 2026, 12:17:38 AM »
Kamehameha schools is a private school that doesn't use government funds.  They should be able to dictate which students they take.  It is different from Harvard where they receive federal funds and grants and the Hawaiian Homelands which is a government entity.

Forgot to mention Kamehameha school got sued a couple of times in the past ending with large settlements.  They knew they would lose.  Not sure how it'll turn out this time as on one hand it's an anti-DEI environment, but on the other the crackdown is focused on Government related programs and NGOs and while allowing private organizations to do their own thing.
Taxes are "government funds."  So, if a private school gets tax breaks as a non-profit, they are in effect receiving government funding in the form of reduced tax liabilities.

Quote
Thanks to Title VI of the Civil Rights Act, plus a number of Supreme Court cases decided
since then, no private school can discriminate on the basis of race, color, or national origin,
in admissions or in hiring, or anything else; those that do would lose their non-profit status
from the Internal Revenue Service. These IRS regulations enumerate over forty steps that
civil rights enforcers should examine when determining if a private school is acting in a
racially discriminatory manner.
https://fordhaminstitute.org/national/commentary/civil-rights-and-private-schools-explainer

So, no matter how you look at it, just filing with the IRS as a non-profit requires them to stop using race or other prohibited criteria for their admissions policies.

If they keep the policies while also taking the tax breaks, I don't think simply taking those breaks away is sufficient.  They know what the rules are -- i.e. not discriminating while taking government money.  Civil rights violations that are deliberate ought to be met with extreme penalties and generous damages to those who were discriminated against.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

hvybarrels

Re: Hawaiian home lands lawsuit - unconstitutional due to race based
« Reply #7 on: June 04, 2026, 02:38:53 PM »
I used to be a liberal. I learned all about colonialism and the overthrow at UH and supported finding equitable solutions. The I got a peek behind the curtain and discovered the sovereignty movement was infested by marxists working for the CCP and stirring up race hatred so that they could have their glorious revolution. There’s no middle ground with these people, so let’s just follow the constitution. Annexation is the best thing that happened to these islands, and if the US walked away and left the activists in charge it would turn into the Aloha Khmer Rouge
The F in Communism stands for Food

Rocky

Re: Hawaiian home lands lawsuit - unconstitutional due to race based
« Reply #8 on: June 04, 2026, 03:15:50 PM »
I've always wondered how many parcels DHHO has actually given to Hawaiians since 1920 ? ::)
Inquiring minds want to know !

Seriously, still waiting ! I can only find 150
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

Kalihi Uka

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Re: Hawaiian home lands lawsuit - unconstitutional due to race based
« Reply #9 on: June 04, 2026, 05:01:31 PM »
I used to be a liberal. I learned all about colonialism and the overthrow at UH and supported finding equitable solutions. The I got a peek behind the curtain and discovered the sovereignty movement was infested by marxists working for the CCP and stirring up race hatred so that they could have their glorious revolution. There’s no middle ground with these people, so let’s just follow the constitution. Annexation is the best thing that happened to these islands, and if the US walked away and left the activists in charge it would turn into the Aloha Khmer Rouge
Yes, you are absolutely correct.

To the grievous and eternal loss of the Kanaka Maoli.
My ankle monitor? It’s right there at home where it belongs

Flapp_Jackson

Re: Hawaiian home lands lawsuit - unconstitutional due to race based
« Reply #10 on: June 04, 2026, 07:26:44 PM »
Seriously, still waiting ! I can only find 150

Quote
n 1921, Congress enacted the Hawaiian Homes Commission Act, 1920 (HHCA) to
provide for homesteading by native Hawaiians, placing approximately
200,000 acres of “available lands” into the Hawaiian Home Lands Trust,

with a majority of the lands assuming the status of “Hawaiian home lands.” Hawaiian
home lands may be leased to “native Hawaiians,” defined as persons with at least
50 percent Hawaiian blood, for 99-year terms.[1]
 
When Hawaiʻi was admitted as a state in 1959, Congress transferred title to the
Hawaiian Home Lands Trust to the State pursuant to the Hawaiʻi Admission Act.
https://www.doi.gov/hawaiian/hawaiian-home-lands

Quote
As of June 30,1998, the DHHL owned about 197,673 acres of land on the islands of Kauai,
Oahu, Molokai, Maui, and Hawaii and had issued 5,189 residential leases; 1,057 agricultural
leases; 301 pastoral leases; 118 general leases; and 94 revocable permits, which included
permits for agricultural, pastoral, and commercial purposes. For the fiscal year ended
May 3 1, 1999, the DHHL had total revenues of $126.4 million and expenditures of
$55.7 million. In addition, the DHHL reported outstanding direct loans of $48.9 million and
guaranteed loans of $127.8 million.
https://www.doi.gov/sites/default/files/doi-ig-audit-report-followup-of-recommendations-concerning-the-hawaiian-homes-commission-oss-jun-2000.pdf

My math concludes 6,758 total leases and permits were issued as of June 1998, based on the June 2000 audit report.

The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

In addition to my other post, I found that the reason for the Hawaiian Home Lands law was to "rehabilitate the Hawaiian race" after a decline in the Hawaiian population of 84% starting in 1778 thru 1840.

Imagine a program to give property to White US citizens due to a steep decline in population percentage caused by legal and illegal immigration from predominantly non-White countries.

Why is it the government's job to manipulate the racial, ethnic or ancestral composition of the population at all whether at the local, state or federal level?

With all the interracial children being born the last century from mixed race couples, the decline in ANY racial percentage is mostly due to preferences in partners, not a lack of real estate.  I fail to see how giving a single person with 50% Hawaiian blood quantum a 99 year long land lease will "rehabilitate" the race -- not unless the lease requires spouses/partners and their children also meet the 50% threshold.  Otherwise, what's the point?
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

changemyoil66

In addition to my other post, I found that the reason for the Hawaiian Home Lands law was to "rehabilitate the Hawaiian race" after a decline in the Hawaiian population of 84% starting in 1778 thru 1840.

Imagine a program to give property to White US citizens due to a steep decline in population percentage caused by legal and illegal immigration from predominantly non-White countries.

Why is it the government's job to manipulate the racial, ethnic or ancestral composition of the population at all whether at the local, state or federal level?

With all the interracial children being born the last century from mixed race couples, the decline in ANY racial percentage is mostly due to preferences in partners, not a lack of real estate.  I fail to see how giving a single person with 50% Hawaiian blood quantum a 99 year long land lease will "rehabilitate" the race -- not unless the lease requires spouses/partners and their children also meet the 50% threshold.  Otherwise, what's the point?

I knew of only 1 100% Hawaiian, my friends dad. Which makes my friend 50% Hawaiian now as his mom isn't Hawaiian.  I think theres a bum who I woudl always see in the McCully area and he looks like 100% Hawaiian.  He's often carrying what looks like a pillow and in a tattered gray shirt.  Sometimes he's in Kapahulu. When I was in elementry school in the mid 90's, he was around wearing teh same type of clothing that he wears today.