Its religious importance calls for protection from the State of Hawaii. Their ancestral ties to creation and it is considered to be a realm of the gods.
Mauna Kea sacred site is vital for the local Hawaiians. It holds their ancestral history. The site is revered in Hawaiian traditions. It's a place for worship and home to Hawaiian early gods.
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Therefore, the use of the site for astronomic purposes prompted undue burden since local Hawaiians have shown concern over the use of their ancestral land.
The site connects the people to their creator. Native Hawaiians believe that it is sacred since it's the piko.The site is similar to a temple where people go to pray and make offering. Besides, its a place where locals go to connect with the heavens and ancestors.
Mauna Kea brings up the issue of undue burden due to it's religious importance. The state did not conduct enough assessment to determine cultural and religious significance of Mauna Kea.
How does undue burden apply in Mauna Kea's case?
The undue burden came up when the locals started camping at the site after passing of the proposed construction of an additional telescope.
Using Mauna Kea, the conflict of interest between the State of Hawaii and local inhabitants of the land is the undue burden
undue burden is an action deemed significantly difficult or expense.
When the locals started showing concern over the use of their land, the resultant scene between state of Hawaii and locals is now the undue burden
So what is the ideal description of undue burden?
Consequently, in the case of Mauna Kea, the government cannot make any law to prohibit the locals from accessing their sacred site. Also, it should be entitled to equal protection from encroachment by large institutions like the University of Hawaii. The law prohibits the government from performing actions that favor a specific religion over another.
Establishment Clause prevents the government from making any law respecting an establishment of a religion
In the establishment clause, Mauna Kea is entitled to equal protection. However, the US judicial system has completely disregarded justice to allow the use of Mauna Kea for astronomy.
What does the Establishment Clause say in regards to Mauna Kea sacred site?
They should consider the wishes of both parties so the construction of the telescopes can not be stop or scrapped. However, local Hawaiians should be heard by the authorities.
Yes, however, the parties involved should reach an amicable solution going forward. In this case, the parties involved are the State government of Hawaii and Mauna Kea locals.
Using the Establishment Clause, the government should include public participation regarding the current use and what locals would like done.
The Establishment Clause calls for protection of local communities and their sacred sites. Right?
The US judicial system should respect the sentiments mentioned as per the US constitution, especially in the First Amendment where the Establishment Clause is mentioned. Therefore, it should ensure equal protection of the Mauna Kea locals.
The state should also guarantee the Mauna Kea locals that no further establishments will be build on their sacred land.
Yes, however, the decision must be reached by authorities to respect the Establishment Clause, and ensure protection of Mauna Kea.
What is the best interest is the guarantee for protection from the state government. Is that possible?
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