No. 87-15073.

932 F.2d 765 (1991)

Nell A. CAMMACK; Genie Lucas; Douglas Paul Root; Carolyn L. Stapleton; Michele Wallace, Plaintiffs-Appellants, v. John W. WAIHEE, in his capacity as Governor of the State of Hawaii; Alfred Lardizabal, in his capacity as Director of Personnel Services of the State of Hawaii; Frank F. Fasi, in his capacity as Mayor of the City & County of Honolulu; Jeremy Harris, in his capacity as Managing Director of the City & County of Honolulu; Loretta K. Fukuda, in her capacity as the Director of Civil Service of the City & County of Honolulu; United Public Workers, Local 646, AFSCME; Hawaii State Teachers Association; University of Hawaii Professional Assembly; Hawaii Fire Fighters Association, Local 1463, IAFF; State of Hawaii Organization of Police Officers, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 30, 1991.

As Amended August 9, 1991.

Attorney(s) appearing for the Case

Kirk Cashmere and Karen A. Essene, American Civil Liberties Union, Honolulu, Hawaii, for plaintiffs-appellants.

Steven S. Michaels, Deputy Atty. Gen., Honolulu, Hawaii, for defendant-appellee, State of Hawaii.

Danny J. Vasconcellos, Honolulu, Hawaii, for defendant-appellee United Public Workers, Local 646, AFSCME and Hawaii Government Employees' Ass'n, Local 152, AFSCME.

Vernon Yu and T. Anthony Gill, Gill, Park, Park & Kim, Honolulu, Hawaii, for defendant-appellee Hawaii State Teachers Ass'n and University of Hawaii Professional Assembly.

Before D.W. NELSON, O'SCANNLAIN and TROTT, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are asked to decide the constitutionality of a Hawaii statute declaring Good Friday a state holiday. Our task is not as simple as it might appear.


In 1941, the Territory of Hawaii enacted a bill declaring that Good Friday, the Friday preceding Easter Sunday, shall be "set apart and established as [a] territorial holiday[]." Act effective Apr. 30, 1941, No. A-1, § 1, 1941 Haw.Sess.Laws 1. Upon statehood, the legislation...

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