After three years of disputes, the one-month's balloting finally began on July 15 of this year, only to be challenged by federal suits. A full hearing was held on Aug. 30, this one also before a packed courtroom. Then, on Sept. 6, Ezra issued a scholarly 52-page decision that released the vote. This special status, declared Ezra, allows for special treatment by the government. Ezra was careful to note, however, that the highly touted federal Apology Bill of 1993 has no bearing on the special status of Hawaiians.
Strict scrutiny is a test that the state almost always fails.
It is the standard of review being applied to the state's efforts to ban same-sex marriage. In the decision's Footnote 11, one that will be cited frequently, Ezra states that constitutional concerns about future state involvement in specific activities having to do with sovereignty or transfer of land may be well founded. A demonstration of compelling state interest when it comes to correcting the egregious wrongs of the past against Hawaiians is not out of the question. In fact, it offers the constitutional path of least resistance. The U.S. Supreme Court, in U.S. v. Paradise, approved Alabama's plan to promote black state troopers on a 1-1 ratio with whites.