Lawsuit challenges Hawaii homestead blood requirement

Summary

A federal lawsuit in Honolulu challenged a 1921 program limiting Hawaiian homestead leases to people with at least 50% Hawaiian ancestry.

Why this matters

The case could affect a long-standing land program created for Native Hawaiians and test how ancestry-based eligibility is treated in court. It also comes amid broader legal challenges to race- and ancestry-based preferences.

A federal lawsuit filed Monday in Honolulu challenged a century-old system that provides low-cost land leases to Native Hawaiians.

The suit, filed by Pacific Legal Foundation on behalf of Hawaii resident Eric Ryan, said the Hawaiian Homes Commission Act is unconstitutional because it limits eligibility to people with at least 50% Hawaiian blood quantum.

The act, passed by Congress in 1921, set aside land for Native Hawaiians. Eligible applicants can receive 99-year leases for $1 a year. About 29,000 people are on a waitlist for residential or agricultural leases.

As a delegate to Congress for the Territory of Hawaii, Prince Jonah Kūhiō Kalaniana’ole pushed in 1920 to provide land for Hawaiians who were, as described in the article, “landless and dying” after disease, intermarriage, and land loss following the 1893 overthrow of the Hawaiian Kingdom by American business owners.

There are no federally recognized tribal nations in Hawaii, unlike among Native American and Alaska Native groups elsewhere in the U.S., where tribes use varying enrollment standards.

A separate lawsuit by Students for Fair Admissions, led by affirmative action opponent Edward Blum, challenged admissions preferences for Native Hawaiians at Kamehameha Schools, a private school system.

Hawaii Gov. Josh Green and Attorney General Anne Lopez said they would fight the homelands lawsuit.

According to the lawsuit, Ryan tried to apply online for a lease but could not complete pre-qualification after answering no to whether he was at least 50% Hawaiian.

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