Hilo Bay Marina v. State of Hawaii

Docket number
23-0000310
Date

Hawaii Supreme Court held the state constitution’s provision against state establishment of religion prevents the state from enforcing a deed restriction requiring property to be used “for Church purposes only.” The court said U.S. Supreme Court federal establishment clause decisions from the twentieth century guide its interpretation, declining to adopt the Court’s current “historical practices and understandings” approach for purposes of the state clause.

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