Does the 'Aloha Spirit' Violate the Establishment Clause?
This opinion article from Reason.com analyzes whether Hawaii's statutory definition of the 'Aloha Spirit' violates the U.S. Constitution's Establishment Clause. The statute, codified as § 5-7.5, requires state officials to contemplate and reside with the 'life force' and adhere to traits like kindness, unity, and humility. The author argues that the law bears hallmarks of a traditional religion, including a moral code similar to the Golden Rule and an implied higher power that 'presented' the spirit as a gift. The piece questions why this law would survive constitutional scrutiny when a hypothetical Texas law instructing officials to consider 'Christ's Spirit' would not. It also suggests the law may violate the Guarantee Clause and calls for courts to more rigorously define what constitutes a religion to prevent exploitation of religious exemptions.
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