Honolulu Star-Advertiser

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Column: Title IX is a promise of life with dignity

CRAIG T. KOJIMA / CKOJIMA@STARADVERTISER.COM

Elizabeth Kristen, director of the Gender Equity & LGBT Rights Program, and ACLU staff attorney Jongwook “Wookie” Kim spoke about a class-action lawsuit against the state Department of Education, following the unveiling of Patsy Mink’s statue at the Hawaii State Library on Dec. 6.

As our state, nation and world wind down 2018 and look forward to the new year, we are offered an opportunity to reflect and take action on issues that affect our lives. Hawaii became the seventh state in the country to pass the “Death with Dignity” law. The Legislature finally passed a state law prohibiting sex discrimination in education — but the ACLU just filed another lawsuit against the Department of Education for failure to obey the Life with Dignity Law, commonly referred to as Title IX and legally referred to as the Patsy T. Mink Equal Opportunity in Education Act.

On what would have been the late congresswoman’s 91st birthday, the state dedicated a bronze statue in Mink’s memory while her living legacy flickers and remains relegated to the back of the line. The fundamental cry for fairness and dignity of life suffers in silence in the deafened halls of Hawaii’s public school system. The lawsuit is a resounding reminder that notwithstanding the hash-tag movements, social media frenzy and educational efforts, nothing has really shifted the peoples’ or political will to effectuate real and sustainable changes to ensure compliance with the federal law prohibiting sex discrimination in public schools.

The DOE and Board of Education are complacent and condoning the devaluation of girls in schools across our state. How is this outrage possible? Hawaii was the first state to pass its own Equal Rights Amendment when President Reagan refused to ratify one on the federal level. So what is it that persists and pervades within our communities that prevents compliance? Why do we as individuals witness the ongoing and blatant violations of federal law that was passed 46 years ago and do nothing? Say nothing?

In “The Rise of the Wahine” movie, I spoke of Patsy Mink and Donnis Thompson’s vision and tenacity, being from the generation of women who had NO opportunities so they designed and demanded a new reality of equality for women and people of color.

In 2018, times have changed. Almost 100 years after the women’s suffrage movement that finally led to the women’s right to vote, the girls and women of America enjoy the most opportunities to participate and benefit than ever before. Yet in Hawaii, we allow school administrators to deny the girls their inherent rights of worth and worthiness. Worst yet, we afford the violators of Title IX ongoing rights to intimidate and retaliate against the most vulnerable in our society. The blog postings and coconut wireless speak of the “common” knowledge of decades of abuse and disgust.

The hypocrisy is staggering. Do as you’re told and not as you’re shown in the DOE. Tell the school kids to respect others and themselves while the leaders and administrators disregard laws, policies and humanity. Teach the kids to report civil rights violations and not to be bystanders when witnessing bullying, while the adults watch the devaluing process of girls every day and do nothing.

Patsy’s monument depicts her pointing a finger down at the observer in a manner that challenges them to care and do something meaningful toward ensuring a justice society. Patsy devoted her life to the establishment and maintenance of universal laws of dignity, respect, honor, equality and liberty for all. We should not worship her ashes; instead we should stoke her fire by valuing all peoples regardless of gender, race, nationality or class.

It is time to take action and demand that gender discrimination ends NOW!

Contact the ACLU and be part of the class action lawsuit.

Contact the governor and BOE, say something and do something for equality.

Life with dignity begins when we rise up, speak up, stay up and lift up the future generation — so they will know we care and they can, too.


Jill Nunokawa is the University of Hawaii civil rights specialist, a pro bono attorney and a proud graduate of Hawaii’s public school system.


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