He Huaka’i, Ke Kumu
A Journey, The Purpose
By: Mikahala Roy
Prior to the march of our people in Waikiki on January 17, 2009, Frank Nobriga, Kahuna of the Temple of Lono delivered into my hands the words you are about to read. They are for you and me. They are the hope that our children and their children unto the end of time will know their beginnings. Let us take the time; let us fathom; let us cherish.
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Frank Kamealoha Anuumealani Nobriga
Kahuna, Temple of Lono
P. O. Box 419
Volcano, Hawai'i 96785
January 12, 2009
The Chief Justice
Associate Justices
The United States Supreme Court
Washington, DC 20543
Re: State of Hawaii, et al. v. Office of Hawaiian Affairs, et al., No. 07-1372
This letter is sent to place this Honorable Court on notice that the Temple of Lono, an
ancient Hawaiian religion, is an essential party in the above referenced case and
unrepresented before the court. No party in this case can legally represent the Temple.
Nor can the Temple be compelled to enter this case. Under these circumstances, the
appropriate response is to dismiss this case for lack of jurisdiction.
A detailed presentation of the context, the substance, and the implications of the
Temple’s claim is presented in the attached document.
The Temple’s religion and spiritual practices elevate the staff of life as the central focus
and the preservation of that staff of life for seven generations as the primary kuleana
(obligation).
For thousands of years, the Kahunas of Hawai'i have prayed for the success of the trust
placed in the Hawaiian people to take care of (malama) the 'aina – the land, the sea, the
air, and all the creatures therein. In these perilous times, the Kahuna rises each day to
greet the Sun with prayers for abundance and protection for the life of the land. The
concern runs deep.
Those who have usurped that trust function are unconscious and treat the Earth as a
resource base and a trash can. The damage inflicted is immense and has placed the
Natural World in a state of severe imbalance. The same pattern can be seen worldwide.
The Hawaiian people simply want restoration of their trust responsibility for these
islands, so that they may use their powers and wisdom to restore and rejuvenate the
Natural World and provide sustenance for the Humans living here.
The Temple of Lono asks this Court to acknowledge the existence of the Temple, the
authority and role of the Temple within the original Hawaiian civilization (sovereignty),
and the legal rights that emanate from that existence and historical kuleana
(responsibility). The Temple further asks this Honorable Court to recognize that the
Temple’s rights and interests are not represented in this case and cannot be represented
by the existing parties. Finally, the Temple asks this Honorable Court to recognize that,
in the context of Hawaiian history, the Temple, as a sovereign institution, is not under the
jurisdiction of the United States. The Temple cannot be a party to this case unless the
Temple explicitly waives its sovereign immunity, which it does not.
The acknowledgement of the Temple of Lono in no way negates any other religion or
spiritual practice. All religions are welcome to participate within the Pu'uhonua, once the
Temple of Lono spiritual land base is restored, as long as they follow the practices meant
to preserve the people for seven generations into the future.
If this Honorable Court does not acknowledge our religion and spiritual practices, then
this Court will follow in the footsteps of those who have suppressed our religion for more
than one hundred years.
By copy of this letter, the Temple is providing notice of the jurisdictional issue to the
parties in this case. It remains to be seen whether any of those parties will bring this
matter before the court. If they do not, the Temple urges this Honorable Court to exercise
its inherent authority to examine whether it appropriately has jurisdiction in this case.
Aloha,
Frank Kamealoha Anuumealani Nobriga
Kahuna, Temple of Lono
c.c. Counsel of Record
Trustees, Office of Hawaiian Affairs
Governor Linda Lingle
Attorney General Mark Bennett
Hawai'i Supreme Court
President Barack Obamatemple of Lono.Nobriga.doc
The Red Sea.doc
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