Sunday, December 22, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, August 1, 2019
9th Circuit Rejects Race-Based Voting on Guam
By Selected News Articles @ 12:48 AM :: 4427 Views :: National News, OHA

Ninth Circuit Finds Guam Bid for Native-Only Election Racially Biased

by Amanda Pampuro, Court House News, July 29, 2019

The Ninth Circuit on Monday upheld a lower court’s finding of race-based discrimination in Guam’s plebiscite election law, which had aimed to poll native inhabitants on the island’s political status with the United States.

The law required Guam to convey the results of the election to Congress, the president and the United Nations.

“Despite its limited immediate impact, the results of the planned plebiscite commit the Guam government to take specified actions and thereby constitute a decision on a public issue for 15thAmendment purposes,” U.S. Circuit Judge Marsha S. Berzon wrote today for a three-person panel.

In 1591, Magellan declared the Pacific Mariana Islands the property of Spain, which the U.S. took as a spoil of war in 1898. Japan considered Guam part of the Land of the Rising Sun during World War II, until the U.S. regained control in 1944.

In 2000, the Guam Legislature created the Political Status Plebiscite as a mechanism for returning to the native inhabitants the ability to determine the future political status of the unincorporated U.S. territory located in the Mariana Islands.

Once 70% of native inhabitants signed onto the registry, a plebiscite political status election would be held to decide whether Guam should become a free association of the U.S., a state, or an independent nation.

While the indigenous people of Guam are known as Chamorro, Guam law defined the eligible plebiscite electorate as “native inhabitants” who were made U.S. citizens by the 1950 Organic Act as well as their descendants.

In November 2011, Arnold Davis sued Guam’s government, arguing the plebiscite election discriminated against him and other nonnative inhabitants residing on the island who were ineligible to participate.

According to the World Factbook, Guam’s population of 167,000 people includes 37% native Chamorro, but a growing number of outsiders have settled there, diversifying the population with 26% Filipinos, 7% white and 7% Chuukese.

Davis moved to the tropical Pacific island in 1977 and retired from the Air Force five years later. While he has a second home in Tucson, Arizona, Davis maintains his residency in Guam.

The 15th Amendment protects all U.S. citizens from being denied the ability to vote based on “race, color, or previous condition of servitude.”

Berzon noted American Indian tribal status is both a political and ancestral, but not a racial classification. Guam attempted to argue its use of “native inhabitants” likewise referred to “a colonized people with a unique political relationship to the United States because their U.S. citizenship was granted by the Guam Organic Act.”

The panel, however, held that “native inhabitant” was instead “tethered to prior, race-based legislative enactment,” which referred to the Chamorro people, a racial category.

In his testimony this past October, Guam Special Assistant Attorney General Julian Aguon passionately urged the panel to look beyond the 2000 Supreme Court case Rice v. Cayetano which overturned Hawaiian laws aiming to limit certain elections to natives. The panel was not persuaded.

Nevertheless, Berzon clarified the court’s decision should not reflect on the Chamorro’s pursuit of decolonization.

“Concluding that the 2000 plebiscite law employs a proxy for race is not to equate Guam’s stated purpose of ‘providing dignity in … allowing a starting point for a process of self-determination’ to its native inhabitants with the racial animus motivating other laws that run afoul of the 15thAmendment,” Berzon, a Bill Clinton appointee, wrote.

U.S. Circuit Judges Johnnie Rawlinson and Kim McLane Wardlaw, also Clinton appointees, concurred.

Davis is represented by the Election Law Center and the Center for Individual Rights. The District Court of Guam awarded him attorney fees in April, slapping the government of Guam with a $947,717 bill.

---30---

AP: Court: Non-native Guam residents can vote on status with US

PDF: Court Ruling 

Background:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii