More than 250 Hawaiian and Office of Hawaiian Affairs supporters staged a two-hour rally at the state Capitol yesterday over concerns that the U.S. Supreme Court could restrict native rights.

 

Native Hawaiians, Governor Grapple Over Land Control

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The Honolulu airport is probably the best known example on Ceded lands, part of the lands that became state property upon statehood.

 

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  At issue is the state's decision to appeal a ruling that prohibits the sale or transfer of most state land until Hawaiian land claims are settled.

In considering the appeal, the high court could destroy or set back Hawaiians' efforts to control their own destiny, some Hawaiians fear.

“;The Hawaii people need to resolve the whole issue of national lands,”; says Haunani Apoliona, OHA chairwoman.

Before the rally, Gov. Linda Lingle and Attorney General Mark Bennett said the state remains firm in its decision to pursue the appeal, scheduled to be heard before the U.S. Supreme Court in February.

The Hawaiian groups worry that although the specific issue of the appeal is limited, the court could broaden it and consider whether OHA discriminates or gives special benefits to Hawaiians over non-Hawaiians.

“;The risk is if the Supreme Court would look at the challenge in terms of the 14th Amendment,”; said Senate President Colleen Hanabusa, who supports the Hawaiian groups.

The 14th Amendment provides equal protection to all persons and was used to rule against racial segregation in the United States.

Bennett discounted the fears, telling reporters that the federal court must preserve Hawaii's ability to sell or transfer state land.

At issue is Hawaii's Admission Act, which was passed in 1959 to create Hawaii as a state. Bennett says the act gives Hawaii control over its lands, including ceded lands.

The Hawaii Supreme Court ruling came this year at the end of a 1994 OHA lawsuit claiming that the state could not sell ceded lands until the state has resolved native Hawaii claims. The state court said that the congressional apology resolution passed in 1993 acknowledged the overthrow of the Hawaiian kingdom and recognized the control of native Hawaiians over the land of the Hawaiian Islands.

The original lawsuit was brought to stop state plans to sell land to developers of affordable housing on Maui.

“;Those lands were for a public purpose,”; said Lingle. “;Our support for native Hawaiian programs remains strong and steadfast. It is important that we defend the rights of everyone.”;

But others such as Hanabusa worry that “;no one can guarantee what the Supreme Court will do.”;

Apoliona adds that the court could decide to broaden the issue.

“;The court has not demonstrated a sensitivity to native issues,”; she said.