Friday, August 11, 2006
Transcript of June 20, 2006 Re-Hearing in John Doe vs. Kamehameha Schools
Southern Californians gather at Huntington Beach to pule kakou for the June 20, 2006 hearing at the Ninth Circuit Court of Appeals.
Please write to Noelani@HawaiiansUnite.com if you would like an unofficial e-transcript of the questions and answers between the judges of the Ninth Circuit and the attorneys for John Doe and the Kamehameha Schools. The hearing took place on June 20, 2006 in San Francisco, California. The original ruling of August 2, 2005 was set aside with the re-hearing order. The new ruling in this case is not expected for somewhere between four and fourteen months from the date of the re-hearing, i.e., somewhere between October 2006 and August 2007. Stay-tuned to this WebLog for more ways and resources to help you stay informed in the meantime. And, most important, please continue to pule until our beloved Princess' legacy is once again secure. Mahalo nui loa. Mahalo Ke Akua. Imua Kamehameha! Imua Hawai'i!
February 22, 2006 - Ninth Circuit Grants Rare Re-Hearing To Kamehameha Schools!
What a terrific week it has been for Native Hawaiians with the Court Order from the Ninth Circuit granting Kamehameha Schools' petition for en banc review in John Doe vs. Kamehameha Schools.
The significance of this Court Order
Out of 853 petitions for rehearing in 2005, the Ninth Circuit only agreed to vote on 39, and ultimately granted only 21. That's fewer than 2.5% of Petitions. It feels to me like a massive oceanliner has just been turned around (or at least brought to a standstill) -- all praise to Ke Akua for this enormous blessing -- and for this opportunity for the voice of kanaka maoli to be reheard in this crucial litigation. While the ruling has not been reversed (yet!), it has been set aside for now, until the larger panel of judges can hear the case. In the meantime, the August 2 ruling cannot be cited as legal precedent. Kamehameha Schools will have another chance to present its strong arguments for upholding its admissions policy as essential to fulfilling Princess Pauahi's wishes for the restoration of Hawaii's aboriginal people through education - funded by an entirely private trust, and established prior to the overthrow of the Hawaiian Kingdom.
Our Voice Was Heard - Mahalo from Trustee Kihune
KS Trustee Robert Kihune, in a statement to the media, said this week: "...in addition to 12 amicus, or friend of the court, briefs filed on behalf of 44 individuals and organizations, there were thousands of supporters in Hawai'i and on the mainland who spoke out against the August ruling. 'We just want to thank the thousands of supporters who came came out, because their voices were heard by the 9th Circuit and helped make this happen. Thank you for stepping up to the plate."
The Actual Wording of the Court Order
It was short and sweet: February 22, 2006 - "Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court."
Kamehameha Schools' Communications Director Ann Botticelli stated, "This means that a panel of 15 judges will rehear our case, and decide whether or not to affirm Judge Alan Kay's decision to uphold our preference policy. The 2-1 panel ruling striking our policy has been set aside. The Chief Judge of the 9th Circuit Court of Appeals, Mary Schroeder, will preside over our en banc panel. The remainder of the panel will be decided by random drawing very shortly. The judges on the panel will decide whether to schedule a hearing for oral arguments and whether to additional briefs will be submitted. We should know the date and circumstances of the rehearing in the next few days."
The Battle Isnt' Pau
In other words, stay tuned! This fight isn't over, but a huge hurdle has just been negotiated. We must continue to lökahi and pule fervently until this unfortunate litigation is decided in favor of Princess Pauahi's precious legacy.
In the meantime, all thanks to Ke Akua for this wonderful makana to Native Hawaiians this week.
Extending the blessings of 'Iesu over you this day,
Noelani (Loo) Jai, KS '83
E-Mail Report and Link to Star Bulletin Article on San Francisco March and Rally
Well, Assoc. Press said 400, but the SF Police and crowd control volunteers estimated at least 2,500. (Hence the exclamation, "Go figgah!") In one of the photos in this story, you can see Judge Fernandez (KS '52) and I carrying Princess Pauahi's portrait, and turning to look behind us at the folks still marching past the Ninth Circuit. Even two blocks later, as we prepared to turn the corner, we still couldn't see the end of the line! Therefore, I tend to agree with the SF police....there were red shirts beyond what our eyes could see!
It was a truly humbling and awe-inspiring event -- to SEE so many native Hawaiians and Hawaiians-at-heart come together in unity, to HEAR the oli (chanting) of "Ku i ka pono" (justice for Hawaiians) as we marched past the Court building, and to SMELL all the beautiful flower leis generously donated by the Honolulu chapter of the Haw'n Civic Clubs. It was also quite a sight to see so many freezing cold Hawaiians don their red Ku i ka Pono shirts and royal blue Kamehameha shirts over much warmer sweatshirts in the 50-60 degree weather! Indeed, the only time the sun came out was when Trustee Nainoa Thompson (Hokule'a navigator) addressed the gathering. Hmmmmm.....
Compared to similar marches in the islands, I believe this one had a much more somber tone (from speeches, to oli, mele and hula) - almost as if it were a funeral for mother, Princess Pauahi. I think that was appropriate - because the judges of the Ninth Circuit, and those living on the continent, needed to see that this court ruling was received as a death blow to our people.
However, as I shared with the crowd yesterday, we are not at a dead end, but rather at a crossroads. The American legal system can seem to native peoples like the daunting Red Sea appeared to the Israelites in the Old Testament, with their enemies at their backs, and no apparent recourse before them. But when they made the choice to trust Ke Akua, and come together as one, He made a way through the troubled waters....We have that same choice, and I believe we chose LIFE yesterday. Now, let's pray expectantly that Ke Akua will show us the way to the other side. The battle is no longer ours, but His!
So many of you made this day possible -- there is no way to extend an adequate mahalo via e-mail. But if I were with you today, I would ask you to ha as my new friend Pi'ikea asked me to share yesterday -- the beautiful exchange of the breath of life. May Ke Akua bless and keep each one of you....
Me ke aloha pumehana o Iesu, (in Jesus' most cherished love)
Noelani (Loo) Jai
Enjoy this article and photos of the march and rally:
E-Mail Thanks and Honolulu Advertiser Article Re Day of Pule for Princess Pauahi's Legacy, October 16, 2005
October 17, Monday morning from Huntington Beach, California....
Aloha kakahiaka kakou,
Times like this I wish e-mail could convey all the aloha I feel in my heart for all of you....so please accept my feeble attempt to thank you all for joining together yesterday in the spirit of lokahi and mana'o'i'o to pule for Princess Pauahi's legacy. As I write this, my eyes are flooding with tears....
Honolulu and Iraq: I've reprinted below an article from this morning's Honolulu Advertiser - the photos will give you chicken skin. As you'll read in the article, the O'ahu Assoc. of Haw'n Civic Clubs led a very touching, dignified service at Mauna 'Ala, where Princess Pauahi was laid to rest. You'll also read about Kimo Bacon, KS '71 and our other Warriors in Iraq - we loved your creativity in using chemical glow sticks for "candles"!
U.S. Midwest: Luana Johnson in South Dakota reported that 30+ KS alumni gathered, and there was a "hush and a quiet as we had the prayers." She said tears flowed as they "remembered 'small kid times' from back home." As you'll read in the article, they enjoyed pa'ina -- all homemade!
Berkeley, CA: Uncle Kem and Aunty Roz Loong, who hosted the northern California vigil at the Berkeley Marina, also reported about 30 people joined them for a picture perfect evening on the shores of San Francisco Bay. There was no wind, so the tiki torches and candles provided a steady flow of light. Chaplain Edward Kaluna Aki volunteered to officiate spontaneously, and Aunty Roz described the event as extremely moving in that outdoor setting. She even spoke of raccoons scurrying underfoot to grab crumbs from their kaukau!
Long Beach, CA: Here in southern California, we had approximately 55-60 participants, ranging in age from 9 to 90. We had thunderstorms all day yesterday, but we received the rain as Ke Akua's blessing on our gathering. Two of our kupuna up here, the Kaikainahaole's, brought a beautiful portrait of Princess Pauahi, which folks draped with lei ho'okupu. I think the most chicken skin moment for me was seeing Kapua Holland's halau dance "How Great Thou Art," singing "Pauahi O Kalani" with all the vocal parts (mahalo Charley Kiaha and Kama'aina Glee Club!), and doing the responsive reading, knowing that all of you were reading the same words along with us.
Hilo, HI: Hartwell Kaeo reports on their pule vigil: " The alumni classes attending ranged from KS '52 to KS '2000. The pride and nostalgia was reflected in the voices of these alumni as they sang "Pauahi O Ka Lani", "He Inoa No Pauahi" and "Sons of Hawai'i". Each song rendition was worthy of a Song Contest trophy (especially the women's parts, nahenahe.)" Mahalo Hilo 'ohana for braving the rain to pule together!
Texas: My new friend Kaunaloa reported that her Texas halau gathered to pule on Saturday. She encourages us: "May our Day of Prayer only be a beginning. May we remember daily to ask for God's intervention so that the things done by the ali`i to help their people remain in place....The loss of any culture is a worldwide loss."
I'll end here and let you read the article and enjoy the photos below. I will be in touch when we hear anything definitive from the Ninth Circuit. In the meantime, may I pass along a blessing to each and every one of you, no matter where you are when you read this?
"I mau aku la lokomaika'i o ka Haku 'o Kesu Kristo, me ke aloha o Ke Akua, a me ka launa pu'ana o ka 'Uhana Hemolele me 'oukou apau. The grace of our Lord Jesus Christ, and the love of God, and the fellowship of the Holy Spirit, be with you always. Amene."
Standing with you in pule until our Princess' legacy is secure again,
E-mail this story
Posted on: Monday, October 17, 2005
Prayers unite past, future
By Rod OhiraAdvertiser Staff Writer
Asghar Kahn kept his candles lit as his niece, 2-year-old Lei-Marie Morgan, watched with curiosity during a candlelight vigil at Mauna'ala to commemorate the 121st anniversary of the death of Princess Bernice Pauahi Bishop and pray for Kamehameha Schools.
ANDREW SHIMABUKU The Honolulu Advertiser
Half a world away from Hawaiçi, service personnel in Balad, Iraq, used chemical glow sticks for their “candlelight” pule. Kamehameha graduate Kimo Bacon, who is working in Iraq, organized the event.
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Candlelight brightened the darkness of the Royal Mausoleum grounds at Mauna'ala in Nu'uanu last night, symbolizing the hope Native Hawaiians hold for their future.
"All things we do traditionally is important for the future," Wayne Dickson said, noting that many in his over-60 age group are members of a lost generation of Hawaiians. "It's called the dark ages and now, we're trying to bring the light back as to who we are for our children and their children.
"I never knew my father could speak pure Hawaiian until I was 22 years old. In the 1950s, we were led to believe to get ahead, you had to speak English and that learning Hawaiian wouldn't get you anywhere."
A gathering of about 75 people, including members of Hawaiian civic clubs, attended a pule, or prayer service, last night at Mauna'ala in memory of the 121st anniversary of Princess Bernice Pauahi Bishop's death and to pray for the defense of Kamehameha Schools' Hawaiians-first admissions policy and passage of the Akaka bill.
Anita "Kaanapu" Naone, president of the Hawaiian Civic Club of Honolulu, observed, "Many people don't realize that princess (Pauahi) was a woman who stepped up to the plate to take on challenges. She had the fortitude to think ahead for her people, and obviously education was first."
After the overthrow of the Hawaiian monarchy, Naone said her grandparents were prohibited from speaking Hawaiian in public. Because of that, her parents did not speak Hawaiian to their children.
But events, such as last night's pule, represent a renaissance of awareness that shows "we want to save the entitlement and benefits for our future generation," Naone said.
Aloha Kekipi, who brought a kauna'oa lei to the Mauna'ala pule for Princess Pauahi, also remembered Princess Kaiulani yesterday.
"It's a sad and happy day," Kekipi said. "Princess Kaiulani was born on October 16 and Princess Pauahi died on October 16. I share with students to remember our kupuna kahiko or ancient ones because we benefit from them having lived."
Similar Christian prayer services were held in Hilo, Hawai'i; San Francisco and Long Beach, Calif.; Chicago; Minneapolis; Charlevois, Mich.; Centerville, S.D.; and even by service personnel in Balad, Iraq.
Kimo Bacon, 52, a retired Army colonel and 1972 Kamehameha graduate working for the Aviation and Missile Command, organized the pule in Balad. In support of the Kamehameha Schools admissions policy, Bacon sent an e-mail to The Advertiser, noting:
"I believe that I can sum up our feelings by saying that a great value of a Kamehameha education is that it develops a strong identity (for) Hawaiians. As such, one of our core values is aloha. We accept others and bring them into our 'ohana and teach and mentor them."
In Centerville, S.D., 31 people gathered Saturday at the home of Ron Carlson and his wife, the former Ann Patcho of Wai'anae, for a pule and pa'ina, said organizer Luana Ahina-Johnson, a 1970 Kamehameha Schools graduate.
"We're so far away from Hawai'i that the only thing we can do is pray," Ahina-Johnson said. "Despite the distance, we try to keep the Hawaiian spirit alive by gathering together, perpetuating the language and history. We try to explain to our kids where the songs and stories come from."
It's one reason the Centerville folks call it a pa'ina, not potluck.
While the menu at Saturday's gathering in Centerville, was definitely mixed plate — kalua pig, chicken long rice, manapua, pork adobo, pansit and, of course, mac salad — the spirit was Hawaiian at heart, said Ahina-Johnson.
Reach Rod Ohira at email@example.com.