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mothballedyesterday at 8:52 PM1 replyview on HN

Hawaii also bizarrely has 14th amendment violating land laws. There is a non-Indian-reservation, state owned land called the "Hawaiian Homelands" where only those of "the blood" of the right people can lease from. This violates the 14th amendment (SCOTUS has ruled Indians are exempted, but Hawaiians were determined in Rice v Cayetano to not be Indians) protections on equal protection under the law of different races to enjoyment of the public lands. No one has bothered to challenge it yet, but I expect especially under this SCOTUS the Homelands will get steamrolled if they do.

Hawaii's 14th and 15th amendment violating laws have slowly been getting flushed out. In ~2000 non "native" local voters could finally vote for all offices (RBG dissented, vouching for racist voting laws and against the 15th amendment), and IIRC not long after that it became possible for those with the wrong "blood" to hold all offices.


Replies

arjieyesterday at 9:23 PM

Fascinating. Another strategic base. It seems straightforwardly unconstitutional though I suppose it rests on this political vs racial classification. Though even that distinction has always felt dubious - being determined by ancestry rather than affiliation with a polity.