12/19/2008 - HAWAII LAND TRUST BELONGS TO ALL HAWAIIANS, NOT JUST ONE RACIAL GROUP: APPEAL TO U.S. S
SLF, GIH File Amicus Brief to U.S. Supreme Court
HAWAII LAND TRUST BELONGS TO ALL HAWAIIANS,
NOT JUST ONE RACIAL GROUP
Southeastern Legal Foundation and the Grassroot Institute of Hawaii, a free market, individual rights organization, filed a friend of the court brief to the United States Supreme Court urging the high court to find unconstitutional the Office of Hawaiian Affairs’ (OHA) decades-long practice of distributing hundreds of millions of public dollars to native Hawaiian beneficiaries – to the exclusion of all other Hawaiians.
In the State of Hawaii, et al. v. Office of Hawaiian Affairs, et al., SLF and GIH have submitted a brief in support of the State and Governor’s Office. The two organizations maintain that the counter-current of promoting special government privileges for persons of Hawaiian ancestry as a single criterion violates the Equal Protection Clause of the 14th Amendment.
Hundreds of millions of dollars of state Ceded Lands Trust revenues distributed by the OHA exclusively to native Hawaiians over the last three decades constitute illegally diverted trust funds equitably owned by all the people of Hawaii. OHA’s use of ceded lands funds or property solely for race-based purposes is unconstitutional. As a result, the two organizations hope the Supreme Court will review the case based on extensive legal precedent that race alone cannot be a justifying criterion for determining public expenditures and government action.