The law limiting Guam’s self-determination plebiscite to people considered native inhabitants is unconstitutional, a federal judge ruled Wednesday (March 8, 2017).
“We are pleased at the decision. Mr. Davis has long maintained that the plebiscite violated the law,” J. Christian Adams, Davis’ attorney and a member of the ‘s Policy Board, wrote in an email. “All of the justifications readers of this paper have heard over the years were rejected.”
The plebiscite law imposes race-based restrictions on voting rights of non-native inhabitants, which is against the 15th Amendment, Chief Judge Frances Tydingco-Gatewood wrote in her 26-page decision.
“The U.S. Constitution does not permit for the government to exclude otherwise qualified voters in participating in an election where public issues are decided simply because those otherwise qualified voters do not have the correct ancestry or bloodline,” Tydingco-Gatewood wrote.
Plaintiff Arnold “Dave” Davis is a white, non-Chamorro resident of Guam. He applied to vote in the plebiscite but was denied, so he sued the Guam Election Commission and others in the government in 2011.
In this Aug. 27, 21016, file photo, Arnold “Dave” Davis,
In this Aug. 27, 21016, file photo, Arnold “Dave” Davis, right, shakes hands with Ninth Circuit Court of Appeals Circuit Judge N. Randy Smith prior to the start of an appeal hearing at the U.S. District Court in Hagåtña. (Photo: PDN file photo)
The political status plebiscite is a non-binding vote posing three options to voters about their preferred future political status with the U.S. Eligible voters can choose independence, free association or statehood for Guam.
The law states eligible voters are native inhabitants, defined as people who became U.S. citizens on Guam by the Organic Act, and their descendants.
The government of Guam argued the law isn’t race-based, but the chief judge said the argument was unpersuasive.
“The court recognizes the long history of colonization of this island and its people, and the desire of those colonized to have their right to self-determination,” the judge wrote. “However, the court must also recognize the right of others who have made Guam their home.”
The 14th Amendment and the 15th Amendment were clearly violated in this case, the judge stated.
