HONOLULU — A lawsuit was filed Monday in a U.S. court in Honolulu challenging the Hawaiian Homes Commission Act. The lawsuit alleges the act is unconstitutional because it restricts land lease eligibility to individuals with at least 50% Hawaiian blood quantum.
The Pacific Legal Foundation filed the lawsuit on behalf of Eric Ryan, a lifelong Hawaii resident who does not have Hawaiian ancestry. Ryan was barred from completing the online lease pre-qualification process after indicating he does not meet the 50% Hawaiian ancestry requirement.
Attorney Caleb Trotter stated, "We do not seek to take anything from anyone. All we seek to do is to make sure that this program is available to everyone on equal footing, regardless of their blood quantum. So whether you are 100% Native Hawaiian or zero percent, a successful lawsuit would result in everyone having the same chance of qualifying." Hawaii's governor and attorney general have pledged to defend the land lease program against the legal challenge. The U.S. Department of the Interior, named as a defendant, declined to comment on the litigation, as did the Department of Hawaiian Home Lands.
Congress passed the Hawaiian Homes Commission Act in 1921. Prince Jonah Kūhiō Kalaniana'ole advocated for the legislation in 1920 while serving as a delegate to the U.S. Congress for the Territory of Hawaii. The Department of Hawaiian Home Lands manages approximately 200,000 acres of land under the program, where eligible applicants can obtain a 99-year lease for $1 per year. Approximately 29,000 people are on a waitlist for residential or agricultural land leases.
Robin Puanani Danner, a senior adviser for a Hawaiian homestead association, said the 50% blood quantum measurement was not originally from Native Hawaiians. "That was not our measurement. That was the white man's measurement." Danner said. She added, "We don't have a federally recognized tribal government, but that doesn't mean we are not self-governing on Hawaiian homelands. We are not just a race; we are beyond race."
Homestead resident Sanoe Marfil said, "Our people are still here." She added, "We don't have any plans to go anywhere." There are 575 tribal nations outside Hawaii that utilize blood quantum and other criteria for tribal enrollment.