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Reason
Reason
Politics
Josh Blackman

FOUND: Does the aloha spirit violate the establishment clause - You Need To See This

In an update to my post on the Hawaii Supreme Court's lawlessness, I pointed out that the Hawaii legislature actually imposed a duty on all state officials to abide by the "Aloha Spirit."

§ 5-7.5 "Aloha Spirit". (a) "Aloha Spirit" is the coordination of mind and heart within each person. It brings each person to the self. Each person must think and emote good feelings to others. In the contemplation and presence of the life force, "Aloha", the following unuhi laulā loa may be used:
"Akahai", meaning kindness to be expressed with tenderness;
"Lōkahi", meaning unity, to be expressed with harmony;
"ʻOluʻolu" meaning agreeable, to be expressed with pleasantness;
"Haʻahaʻa", meaning humility, to be expressed with modesty;
"Ahonui", meaning patience, to be expressed with perseverance.
These are traits of character that express the charm, warmth and sincerity of Hawaii's people. It was the working philosophy of native Hawaiians and was presented as a gift to the people of Hawaiʻi. "Aloha" is more than a word of greeting or farewell or a salutation. "Aloha" means mutual regard and affection and extends warmth in caring with no obligation in return. "Aloha" is the essence of relationships in which each person is important to every other person for collective existence. "Aloha" means to hear what is not said, to see what cannot be seen and to know the unknowable.
(b) In exercising their power on behalf of the people and in fulfillment of their responsibilities, obligations and service to the people, the legislature, governor, lieutenant governor, executive officers of each department, the chief justice, associate justices, and judges of the appellate, circuit, and district courts may contemplate and reside with the life force and give consideration to the "Aloha Spirit". [L 1986, c 202, § 1]

In my post, I joked that Texas should just instruct all of its officials to contemplate and reside with the life force and give consideration to "Christ's Spirit." Of course the response is that such a law would violate the Establishment Clause. But why should the Hawaiian statute fare any differently?

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