Hawaiians Unite

"A ia hoi, nani ka maika'i a me ka oluolu, O ka noho lokahi pu ana o na hoahanau!" "Behold, how good and how pleasant it is for brethren to dwell together in unity!" Psalm 133:1

Wednesday, October 29, 2008

Ruling on Kamehameha's petition to reveal identity of Doe plaintiffs

Judge orders disclosure of names in Kamehameha Schools case

By Rick Daysog
Advertiser Staff Writer

A federal judge today ruled that the names of the students seeking to overturn Kamehameha Schools' Hawaiian-preference admission policy must be made public.

In a 22-page ruling, U.S. Magistrate Barry Kurren said the names of the four anonymous students challenging the 121-year-old admissions policy will be disclose 10 days from today.

"The severity of the threatened harm and the reasonableness of plaintiffs' fears do not weigh in favor of anonymity," Kurren wrote.

"At most, plaintiffs are vulnerable children who have a reasonable fear of social ostracization."
David Rosen, attorney for the students, declined comment. A spokesman for the Kamehameha Schools could not be reached.

Parents for the students — who are simply known as Jacob, Janet, Karl and Lisa Doe — have said in court papers that they may drop the lawsuit if the children are not allowed to pursue their lawsuit anonymously. The four, who are not of Hawaiian ancestry, applied for admission to Kamehameha in 2008-09 school year, but were rejected.

Kurren's ruling came after he held a one-and-a-half hour, closed door hearing on the matter on Oct. 21.

By issuing a 10-day stay to his ruling, Kurren allowed the student and their parents to consider whether to pursue the action. The stay also allows the Does' attorneys to appeal the ruling to U.S. District Judge Michael Seabright, who is assigned to the case.

Rosen and California attorney Eric Grant have said disclosing the students' identities is will expose them to public humiliation and retaliation and "would almost certainly cause them to abandon the case."

They cited a number a number of anonymous threats posted on the Internet and hostile remarks attached to the comments sections on local news stories about the admissions controversy.

Attorneys for the trust -- Paul Alston and former Stanford University Law School Dean Kathleen Sullivan -- said the anonymity allows the Does' lawyers to portray their clients in a sympathetic light but would give the trust no means to say whether that portrayal is accurate.

They also noted that in the previous lawsuit challenging the school's admission policy, Grant's co-counsel John Goemans abused his client's anonymous status by leaking out the details of a confidential $7 million settlement.

Tuesday, October 28, 2008

Ruling on Kamehameha's petition to reveal names of the 4 new Doe plaintiffs

Court rules names of children challenging Kamehameha Schools must be public
The plaintiffs have 10 days to decide if they will drop lawsuit
By Associated Press
POSTED: 05:14 p.m. HST, Oct 28, 2008

U.S. Magistrate Barry Kurren has ruled the names of four children legally challenging Kamehameha Schools’ admissions policy must be made public.

The challenge contends the private school system’s 121-year-old preference for Native Hawaiians is at odds with federal civil rights laws. The system operates several campuses on Oahu, Maui and the Big Island.

The children’s parents have said in court papers that they may drop the challenge if the children aren’t allowed to pursue the lawsuit anonymously.

Kurren issued a 10-day stay to his ruling, allowing the students and their parents to consider whether to pursue the lawsuit. The four are not of Hawaiian ancestry. They applied for admission to Kamehameha in 2008-09 school year, but were rejected.

Saturday, October 04, 2008

"Hawaiians For Obama" Position Paper


During this year’s critical Presidential elections, Native Hawaiians have the opportunity to choose between Barack Obama vs. John McCain. The choice could not be clearer.

NATIVE HAWAIIAN PROGRAMS: Obama, who was born and raised in Hawai`i, cares about the general welfare of Native Hawaiians (i.e. health, education, cultural and language preservation, housing) and supports federal programs for their benefit. McCain and the Republican Party have actively sought to oppose or delete funding for Native Hawaiian programs, including the Native Hawaiian Education Act.

1893 OVERTHROW: Obama supports redressing wrongs arising out of the 1893 overthrow of Queen Liliu`okalani. On October 27, 1993, McCain was one of only 34 Senators to oppose the Apology Resolution during Senate consideration. The Apology Resolution, which eventually became Public Law 103-150, provided a U.S. Apology to Native Hawaiians for the January 17, 1893 overthrow of the Kingdom of Hawai`i and called for a reconciliation process between the U.S. government and Native Hawaiians.

SELF-DETERMINATION: Obama actively supports self-determination and justice for Native Hawaiians through federal recognition legislation (Akaka bill S. 310, H.R.505). He commits to working with Hawai`i’s Congressional delegation and the Native Hawaiian community during the 111th Congress (2009-2010) on self-determination and reconciliation should he be elected President. McCain opposes all self-determination efforts for Native Hawaiians, including federal recognition, on the basis that such legislation is unconstitutional and raced-based.

FEDERAL JUDICIARY SYSTEM: One of the greatest powers of a U.S. President is his appointment of the U.S. Attorney General and Solicitor at the U.S. Justice Department, as well as the appointment of judges and justices for our federal court system, including the U.S. Supreme Court.
Until our political relationship is reaffirmed through the formation of a Hawaiian government, which Obama supports, there will continue to be systematic attacks in our federal judiciary system on Native Hawaiian programs, institutions, and rights, including the Office of Hawaiian Affairs, the Hawaiian home lands program, the Kamehameha Schools’ admissions preference policy, and the State of Hawai`i’s current administration and disposition of ceded lands.
Native Hawaiians can count on Obama to make the right federal judicial appointments and stop the recent practice of naming ultra conservative justices to the U.S. Supreme Court and other federal courts in our country, including the 9th Circuit. McCain will continue the pattern by President Bush and other Republican Presidents of appointing justices who believe that all state and federal programs for Native Hawaiians are unconstitutional and that Native Hawaiians do not have a collective right to self-determination.

PONO (MAKING THINGS RIGHT): There is so much at stake for our Hawaiian community in choosing between Obama vs. McCain. Obama has genuine and personal compassion for the Native Hawaiian people. McCain will continue to oppose any effort to redress wrongs arising out of the 1893 overthrow. Obama clearly is the pono candidate. Please urge your ‘ohana and friends to vote for Barack Obama.