Hilo Bay Marina v. State of Hawaii
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.
Related Commentary
State Court Oral Arguments to Watch for in June
Issues on the dockets include early voting, rules for poll watchers, discretionary sentencing, and a climate change trial brought by young plaintiffs.