Equality for the Nation

One of the first challenges came as a young member of the Hawaii Territorial Legislature.  The issue involved the codification of the death penalty law.  Upon studying the issue, it became clear to me that no member of the then privileged, mostly Caucasian upper-class had ever been executed.  Rather the death penalty was used on members of the immigrant plantation class and on Native Hawaiians.  The notorious Massie case in 1931, where a Navy officer and his mother-in-law were  convicted of manslaughter in the death of a Native Hawaiian, but their 10-year sentence was commuted to a one hour meeting with the Governor, was a tragic demonstration of a dual system of justice based on prejudice and privilege.  Hawaii to this day has never had a death penalty law, as other states are re-thinking, re-working on abolishing their laws because of the inability to remove the inherent, unfair biases from the law.

Unfortunately, there will always be discrimination.  There will always be men and women of prejudice in a free society.  While we should expect it to occur, we must never become so complacent to let it go unchecked.  There must continue to be a group of voices willing to stand up and speak up.  If not for this vocal segment, America may still have segregated schools, theaters and churches.  If not for this vocal segment, America may have stayed in the Vietnam War even longer than needed.
 
Oftentimes, it takes as much, if not more, courage to speak out and oppose our government’s actions.  It should be viewed no less patriotically that those who wave the American flag.  This freedom is at the core of our democracy, and is testament of our enduring legacy.

It has been said that the wheels of justice grind slowly – it may seem intolerably slow to victims of injustice.  This can be said of interned Japanese Americans, Native Americans, Filipino World War II veterans, and illegal overthrow of Queen Liliuokalani and the Hawaiian nation.

I hope to restore a measure of faith in our nation’s system of government as wrongs are acknowledged, refuted and redressed.  These chapters must remain in our collective conscience as a grave reminder of what we are capable of in times of crisis or are without a stable system of checks and balances, and what we must not allow to happen again to any group, regardless of race, religion, national origin, gender or sexual preference. 

Recognition of the Sovereignty of Native Hawaiians.  Native Hawaiians have had a political and legal relationship with the United States for the past 140 years – as shown through treaties with the United States and in over 100 federal statutes.  But unlike the native people whose federally-recognized status was terminated, the government of Hawaii that represented the Native Hawaiian people was overthrown with the assistance of U.S. troops on January 17, 1893.  A century later, in 1993, Senator Akaka and I co-sponsored the landmark Apology Resolution in which the United States issued a formal apology for its role in the illegal overthrow of the Hawaiian monarchy.  Currently, the Hawaii Congressional Delegation, is working to pass legislation which acknowledges the inherent right of Native Hawaiians to self-determination and self-governance.  The time for reconciliation is long overdue.  [LEARN MORE]

Justice for Filipino Veterans of World War II.  Recognition for the Filipino World War II veterans and an acknowledgment of their service has always been a matter of honor for me.  I authored a provision in H.R. 1, the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) enabling one-time payments of $15,000 to Filipino World War II veterans who are U.S. citizens, and $9,000 to Filipino World War II veterans who are non-citizens for a total of $198 million.  There are approximately 18,000 living Filipino World War II veterans who would be eligible under the lump sum payment provision. [LEARN MORE]

Redress for Japanese Americans after World War II.  Senator Matsunaga and I worked hard to pass the Civil Liberties Act of 1988, a law that acknowledged the fundamental injustice of the evacuation, relocation, and internment of U.S. citizens and permanent residents of Japanese ancestry during World War II.  The Act authorized redress payments to surviving internees, and created a public education fund to ensure that similar violations of civil liberties will not be repeated against any other group based on race, religion or national origin. 

Preservation of Internment Campsites.  Continuing my work in public education and the protection of civil liberties, I supported the passage of P.L. 109-441 in 2008, establishing a grant program within the National Park Service to preserve internment campsites across the United States.  During World War II, over 1,000 Japanese Americans were incarcerated in at least eight locations in Hawaii.   Those detained included the leaders of the Japanese immigrant community, many of whom were taken from their homes in the hours after the attack on Pearl Harbor.  Many of the detainees’ sons served with distinction in the U.S armed forces, including the 100th Battalion, 442nd Regimental Combat Team and Military Intelligence Service.  The Honouliuli Camp Site on Oahu is eligible for the grant program, which is currently funded at $1 million.  Earlier this year, I introduced the Honouliuli Internment Camp Special Resources Study Act of 2009 to authorize the Secretary of Interior to study the Honouliuli Gulch and associated sites located in the State of Hawaii to determine the suitability of designating one of these sites as a unit of the National Park system. 

Uncovering Truth:  Commission to Study Japanese Latin Americans’ Internment.  The story of U.S. citizens taken from their homes and confined in camps is a story that was made known after a fact-finding study by a Commission that Congress authorized in 1980.  Far less known is the story of Latin Americans of Japanese descent taken from their homes in Latin America, stripped of their passports, brought to the U.S., and interned in American camps and used for war-related civilian exchanges with Japan.  I am working to pass a bill to create a commission to study the facts surrounding the internment of Latin Americans of Japanese descent.   

Righting the Wrongs for Native Americans.  In my nearly 30 years of service on the Senate Indian Affairs Committee, I have been fortunate to learn about the history of our nation, and its relations with the indigenous people who exercised sovereignty on this continent.  As a nation, we have changed courses many times in the politics governing our dealings with native people.  We began with treaties with native people, and then turned to war.  We enacted laws recognizing native governments and then passed laws terminating our relationships with these governments.  Most importantly, for the last 30+ years, we have adopted a policy of recognizing and supporting the rights of our nation’s First Americans to self-determination and self-governance.  We must remain steadfast in our resolve to uphold this policy and to ensure that America’s native peoples were treated fairly and respectfully.

During my tenure as Chairman of the Indian Affairs Committee, I worked to pass many laws.  Some examples include:  the Native American Graves and Repatriation Act, the Indian Gaming Regulatory Act, the Indian Self-Determination Act, the Indian Health Care Act, the Native American Housing Assistance and Self- Determination Act, Indian Child Welfare Act, the Indian Child Protection and Family Violence Prevention Act, the Native American Languages Act, the Indian Energy Resources Act, the Indian Dams Safety Act.  The list goes on.  I am also very proud of my efforts to establish the National Museum of the American Indian to recognize the greatness of our native peoples who were the first to roam and live on this land. 

Hate Crimes.  Preserving the freedom and liberty of all our citizens is one of our primary duties as Americans, and I am proud to support legislation that protects the safety of those who are most at jeopardy.  Hate crimes legislation recognizes that violent crimes motivated by bigotry and hatred are particularly damaging to victims, and therefore justify harsher penalties.  Because the violence is as much directed against the victims’ bodies as their very identities, a hate crime exacts a higher psychological toll upon victims.  Moreover, hate-motivated violence sends a message of intolerance and fear to all members of the victim class.  This has no place in our communities. 

Controlling Access to Guns.  I believe it is possible to regulate the purchase and sale of firearms without contravening the Second Amendment.  The Second Amendment of the U.S. Constitution does not bestow upon an individual the unqualified right to purchase and possess every type of weapon and ammunition for any and all purposes.  No gun control measure has been challenged successfully as a violation of the Second Amendment.  However, gun control measures are not designed to disarm law-abiding citizens or to take away a person’s right to own a gun.  Rather, they are implemented to ensure that criminals and others who are statutorily prohibited from possessing firearms are not able to purchase weapons and ammunition with ease, particularly when the purchase is likely to be for an unlawful purpose.   I have supported measures to limit the sale, transfer, purchase and manufacture of handguns and semi-automatic weapons.  I support the ban on assault weapons, and will do my best to have it reinstated.  The possession, sale, transfer, purchase, and manufacture of fully automatic weapons for the general public is already prohibited by law.

Women’s Reproductive Rights.  I have been, and continue to be, supportive of women's reproductive choices.  My support for family planning programs and contraceptive research reflects my belief that banning abortions alone will not reduce their numbers as effectively as a serious effort to prevent pregnancies among those not prepared to bear children and be parents.  In addition, I remain committed to the health, education, job training, and child care programs that permit women to continue unplanned pregnancies and raise healthy children.

Freedom of Religion and the Separation of Church and State.  Among the fundamental liberties upon which this country was founded, religious freedom ranks as one of the highest.  Fleeing persecution based upon their religious beliefs, the ancestors of the Founding Fathers came to this new land seeking the freedom to practice their religions and worship as they chose.  Later, the assurance of this same freedom was secured for future generations in the United States Constitution, which establishes the right to practice the religion of one’s choice, and preserves this right by separating church and state.  Both of these components are necessary for the full protection of religious freedom because freedom of religion becomes largely illusory when the government recognizes and supports certain established religions, to the detriment of others.  I am a Christian, and have been all my life, but I would not want to force my faith upon anyone else.  Faith arises in each of us according to our understanding of the divine, not from government’s support of one church over the next.  The First Amendment assures each American this freedom to worship, or not worship as he/she sees fit. 

Same Sex Marriage.  I support the rights of all couples to enjoy the emotional, social, and legal benefits of a long-term, loving relationship.  Domestic unions should be available to every couple, and should carry with it all the legal rights, privileges, and responsibilities.  Although many of the legal benefits of the marital relationship can be reached through contracts between the couple, some cannot.  Principal among these, are hospital visitation rights.  However, state laws on intestacy and estates in land hinge on whether a couple is married or not, and under the Defense of Marriage Act, federal benefits for married couples are now expressly limited to couples comprised of different genders. 

The issue of same sex marriages sparks passionate beliefs, heated debates and ugly stereotypes.  I hope that there is room for compromise.  I believe that domestic unions provide for a middle ground between the extreme positions, based on existing contractual law, and tempered with fairness and understanding.