Dave Davis Argues Ancestry Clause in Plebiscite is Racial Discrimination


Dave Davis filed a response to the Attorney General’s Office’s motion for summary judgment, saying despite claims the decolonization registry is not based on race, eligibility based on “ancestry” is racial discrimination.

Guam – Arnold “Dave” Davis is answering back to the Attorney General’s Office’s motion for summary judgment in the controversial plebiscite lawsuit in which Davis is challenging the plebiscite law over discrimination claims.


Davis continues to drive home the point that the decolonization registry violates his constitutional rights. The registry was created to give “native inhabitants of Guam” the chance to express their political status desires with the president, Congress and the United Nations, which include independence, free association or statehood. The plebiscite will only occur when 70 percent of eligible voters have registered.

Qualified registrants are determined by ancestry to those who were affected by the 1950 Organic Act of Guam.

Davis says Congress has previously addressed the issue of any government funded voter registration and only allowed registration to be based on citizenship, civil capacity and residence.

Therefore, he believes, classifying citizens into a certain group denies the disfavored groups their fundamental right to vote under the US constitution’s equal protection clause.

He also says that even taking the AG’s argument that the plebiscite is not race based, the registry is still unconstitutional because it is still ancestry-based and uses blood-lines to determine eligibility.

In fact, Davis cited a similar case in Hawaii, in which the Supreme Court previously determined that ancestry was a “proxy for race.” In that case, Davis noted, the Hawaii government argued that the “classification was limited to those whose ancestors were in Hawaii at a particular time, regardless of race.”

Davis then takes a jab at Guam’s request, comparing it to that of classification of American Indian tribes. “Guam wants ‘Native Inhabitants of Guam’ to be treated like an American Indian tribe.” he says in court papers. “They are not.”


You can read Davis’ response to the AG’s motion by clicking on the file below.






  1. I would like to ask Arnold “Dave” Davis why he’s putting up such a fight to vote in this plebiscite. Why the interest when it plain as day that you don’t have any Chamorro ancesty in your blood. Seems a bit ridiculous that ONE INDIVIDUAL can hold up this plebiscite. To be honest, I have Chamorro ancestry but I’m not in the least interested in voting. So it strikes me as ODD that this guy is so interested or could it be that some organization is paying him to lead this fight? Who knows but I’m really tired of hearing this guy’s name mentioned. It just occurred to me that the underlying reason for his lawsuit is for simple PUBLICITY. Maybe he plans of running in the 2016 Guam elections. Good luck!

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