Ka Wai Ola - Office of Hawaiian Affairs, Volume 21, Number 2, 1 February 2004 — Considering the political question [ARTICLE+ILLUSTRATION]

Considering the political question

After two years of legal dispute, OHA and our supporters breathed a sigh of relief as U.S. District Court Judge Susan Oki-Mollway dismissed the last of the Arakaki plaintiff's challenges just two days after oral arguments. On Mon., Jan. 12, hundreds lined the streets of Punehhowl and Halekauwila in red attire to show their support for Hawaiian programs and entitlements. Inside the courtroom, Judge Mollway heard arguments from both sides on OHA's motion to dismiss the plaintiff's challenges. These challenges question OHA's constitutionality and its use of state tax revenues for programs benefiting Hawaiians only. Amidst a packed court room of Hawaiian and non-Hawaiian supporters, several kūpuna from Moloka'i sat, listened and observed. These kūpuna, Aunty Anita Arce, Aunty Jane Lee and Unele Lei'ala Lee along with their kāko'o, represented a group from Moloka'i eall-

ing themselves Hui Aloha. For the past several months, the group has been meeting to bring about a greater community awareness and unanimity on the issues facing Hawaiians today. At home on Moloka'i, the group is comprised of many spiritual leaders of diverse faiths. Aunty Anna Lou Arakaki and Mama Lehua Moku'ilima are both kahu — pastors in their respective churches. As a whole, the group has decided to concentrate their efforts of bringing the community together through the spirit of Akua. Spiritually, the group has turned to the Hawaiian method of fasting and prayer called kumuhana. They pray for all sides of the conflict, the attorneys, the judge and especially the Hawaiian leaders. They ask for wisdom for those who make the decisions that will shape the road ahead. They pray for those who are unacquainted with the issues to be informed. They pray for understanding from those who continue to challenge Hawaiian programs,

especially programs that exist to save the culture through language, arts and education. They also pray for the plaintiffs and their attorneys, that they may at least understand our grievances. In her dismissal of the case, Judge Mollway ruled that the lawsuit filed by plaintiffs Earl Arakaki and others raises a political question that should be left up to Congress to decide. The plaintiffs' remaining elaim was one that challenged OHA's use of state tax revenues for programs not subject to federal matching funds. Although this legal challenge was averted, the case will most likely make its way to the Supreme Court on appeal. The eall for support will be sounded several times before this is all over. While the battle in the courtroom wages on, the push to guard ourselves from these ehallenges will continue both locally and nationally. As the State Legislature opens its 2004 session, we remind state sena-

tors and representatives of their obligation to Native Hawaiians. In the Supreme Courts ruling on Sept. 12, 2001, repealing Act 304, the court stated "We woukl do a disservice to all the parties involved if we did not acknowledge the state 's obligation to native Hawaiians is firmly established in our constitution. We trust that the legislature will re-examine the state 's constitutional obligation to native Hawaiians and the purpose of HRS sec. 10-13.5 and enact legislation that most effectively and responsibly meets those obligations." It is difficult to see the answer to this question: Are Hawaiians a political entity or just another racial group? The answer will eome soon enough. In the meantime, we'll ask our kūpuna on Moloka'i to extend their prayer list to include the U.S. Supreme Court justices, the U.S. Congress and the White House. ■

Colette Machado Trustee, Moloka'i and Lāna'i