Friday, October 23, 2020
Hawai'i Free Press

Current Articles | Archives

Wednesday, March 25, 2020
Telescope: Hawaii State Supreme Court Affirmed Sacred Beliefs Not Applicable
By News Release @ 8:11 PM :: 1703 Views :: Hawaii County , First Amendment, Greenmail, Higher Education, OHA

Hawaii State Supreme Court Affirmed Sacred Beliefs Not Applicable

Does Not Give Sacred Believers Legal Right To Stop Astronomy

From TMT.org, March 25, 2020

In 2018, the Hawaii Supreme Court affirmed the Board of Land and Natural Resources decision authorizing issuance of a Conservation District Use Permit for the Thirty Meter Telescope.

On the matter of religious freedom, the Hawaii State Supreme Court Affirmed BLNR's Conclusion that sacred beliefs not applicable and that Customary and Traditional Native Hawaiian rights are appropriately protected.

"On religious freedom (Section B 400; 409) the word sacred has been used to describe Mauna Kea. The common meaning of the word "sacred" is essentially spiritual and religious. Clearly many of the parties and witnesses have used "sacred" in this sense, and while the government must respect the absolute right of people to hold these beliefs, a government body issuing formal decisions like Findings of Fact, Conclusions of Law and Decision and Order cannot declare that a site is or is not sacred in the spiritual sense. Sacred in this sense is a matter of belief; it cannot be objectively judged.

The government can acknowledge and respect that many people believe a site to be sacred. Belief in an area's religious sacredness does not make development of that area an unconstitutional infringement of religion, and does not give the believer a legal right to stop the development.

Constitutional protection means protection against unreasonable interference with religious practices; such protections do not prevent the government from taking actions that offend religious beliefs.

Petitioners and Opposing Intervenors claim broadly that their beliefs should give them veto power over any proposes land use on Mauna Kea. The law does not support that view."

PDF: BLNR Findings of Fact, Conclusions of Law and Decision and Order

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

ALEC

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Ballotpedia Hawaii

Better Hawaii

Blaisdell Memorial Project

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

Coffee Break

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

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 Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT