Hawaiians-Only Policy at School Upheld

Guardian ^ | 11/17/03 | Jaymes Song

[Tumbleweed_Connection]

HONOLULU (AP) - A federal judge ruled Monday that the exclusive Kamehameha Schools may continue its Hawaiians-only admissions policy, rejecting a discrimination complaint from a student who said the policy violated his civil rights.

U.S. District Judge Alan Kay said the admissions policy passed muster because of the school's unique historical circumstances. Since the private school receives no federal funding, it should not be held to the same scrutiny as public schools, Kay said.

The school's trustees, sitting behind their attorneys, cried and hugged each other after the decision, while outside the federal courthouse, several hundred Hawaiian activists wearing red T-shirts, cheered, sang and chanted.

``This is an incredible day for Kamehameha and we are ecstatic with the judge's decision,'' said Board of Trustees Chairwoman Constance H. Lau. ``It was clear that the judge upholds that Kamehameha's programs are designed to correct all the imbalances of the past and we look forward to the day when Hawaiians will be on equal footing with all the residents in this state.''

The lawsuit was filed in June on behalf of an unidentified non-Hawaiian student who claimed the admissions policy discriminates on the basis of race in violation of federal law. The student's attorney, Eric Grant of Sacramento, Calif., said he will appeal.

``We expect to be vindicated,'' Grant said. ``We expect the judge's ruling to be reversed.''

A hearing was set for Tuesday in a separate civil rights challenge to the schools' admissions policy. In that case, U.S. District Judge David Ezra ordered the schools to admit 12-year-old Brayden Mohica-Cummings pending a decision.

Kamehameha Schools was established under the 1883 will of Princess Bernice Pauahi Bishop. Its three campuses are partly funded by a trust now worth $5.2 billion.

Admissions are highly prized, both for the quality of education and the low cost compared to other private schools. About 4,400 Hawaiian and part-Hawaiian students from kindergarten through 12th grade attend the schools. Non-Hawaiians may be admitted if there are openings after Hawaiians who meet the criteria have been offered admission, school officials say.

Kamehameha Schools was sharply criticized by its alumni and the Hawaiian community last year for admitting a non-Hawaiian to its Maui campus and this year admitted only students of Hawaiian ancestry.

Three years ago, the U.S. Supreme Court held that Hawaiian is a racial designation and that the state law restricting the Office of Hawaiian Affairs' elections to Hawaiians constituted unconstitutional racial discrimination.

[Tumbleweed_Connection]

ONLY white, leftist, male nominations will be accepted. Screw your civil rights man!

[gcruse]

I agree if it is not funded by the taxpayers, the school can do as it pleases. That should be a mantra to the right.

[Walkingfeather]

Since the private school
receives no federal funding, it should not be held to the same scrutiny as public schools, Kay said.

[cyborg]

Yes of course... and its everyone else's right to make them look as bad as possible for being bigots. So... does this mean Keanu Reeves gets in the school one third of the way? Or if someone is half Hawaiian do they sit outside class? This is ridiculous, but they're private school. it's their right to look stupid I suppose.

[dead]

I agree, but the judiciary shows absolutely no consistency on this issue.

Try excluding blacks (or Hawaiians) from your private school and see what the courts tell you.

[dead]

BTW, the article only notes that it doesn't receive "federal" funds. It doesn't say anything about state or local funding.

[cavtrooper21]

I went to K,1 and 2nd grade there...
I don't know squat about the recent developments, but when I was a kid the were a good number of "non-Hawaian" students there.
Wonderful place, I can still clearly see parts of the campus in my mind's eye, even after all these years.
If it keeps even some kids out of the "publik skoolz", and they don't take public funding...
More power to them.

[longtermmemmory]

Nor does the article say anyting about the land the schools sit on or any tax credits. What about scholarship monies? There has to be more here. If it was 100% private it would not have gotten this far. (does this mean the schools will suffer the same fate as the boy scouts?)

[gcruse]

I know. That's why I specified 'not funded by the taxpayers.'

[July 4th]

This is the right decision if they get no federal funding. However, the fact that people would do this, after effectively denying someone a quality education, is sick:

The school's trustees, sitting behind their attorneys, cried and hugged each other after the decision

[gcruse]

Why are you picking at a private school setting its own entrance requirements? Are you in favor of court mandated 'diversity?'

[Experiment 6-2-6]

The Bishop Estate, besides being poorly managed and losing out on interest and other income, does one good thing. It provides fundages to these schools that provide quality education.

This is a person, who is Hawaiian, who donated via a will vast sums of money to assist those Hawaiians who weren't killed off.

There is no difference than if one of you won the lottery, and decided to provide quality but low cost education to the best and brightest who can't homeschool, can't afford them high priced prep schools, and don't feel inclined to be beat up on a daily basis.

Speaking of that, I ain't sure I would be too enthusiastic to go to a school in Hawaii. The "Beat up a Howlie" (sp) day is a true event..

[Clinging Bitterly]

>> But if they get public funds...

Even a Dollar, I'd say. But if the trust that pays for it was built entirely out of private funds, there is zero taxpayer funding involved, and it is otherwise operating within the purpose and wishes for which it's benefactors dedicated the funds, then yes, they oughta be able to admit who they choose, same as every other private organization.

Here in Eugene there is a Catholic elementary school that has been threatened with a discrimination suit, as well as an "investigation" by the state bureau that handles discrimination complaints. Seems a pair of lesbian women want the school to admit "their" daughter, and also refrain from teaching her that the gay lifestyle is wrong. Naturally, the folks who run the school don't want to admit her under those conditions.

Doesn't make sense to me that folks would want to send their kids to a school that teaches values that go against their grain, nor that folks would want to send their child to a school that doesn't want their race. Sounds like the school in Hawaii will admit non indigenous hawaiians on a space available basis, but there is no space at one particular facility. Hopefully the era of nonsense that's evident here will end soon, but until then, that's the way the cookie crumbles.

[Arthalion]

Well, in my experiance the Hawaiian's have the most liberal definition of Hawaiian that I've ever seen. Last time I was in Maui I had it put this way: If you have 1/4 of 1% of one drop of Hawaiian blood in your veins, then you're Hawaiian. Trust me, there's nothing odder than meeting a 6'2", blonde headed, blue eyed on a Hawaiian beach and then listening to him indignantly explain that he's NOT white because the third cousin on his great-grandmothers brother-in-law married a native.

[cavtrooper21]

How do you think I got into KK...
The Native American Indians are almost as bad, depending on the tribe.
KK doesen't just let a kid in because he's "Hawaiian". There is rigrous testing done, even for Kindegarden! Just because there is a "Hawaiian" child that wants in, if he or she can't pass the requiremnts... oh well, in goes the white kid that can (at a higher price, mind you.)
Once you are in, you can still lose you "slot" if you are "non-Hawiian" if a child that is wants in and mmets the requirements.
Thats why I went to third grade in Arizona....

[cavtrooper21]

and never did learn how to type....

[GrandmaPatriot]

But I understand that the trust is a tax exempt trust. Does that change the federal money issue?

[hunter112]

Does that change the federal money issue?

Church schools are tax exempt, and they get to choose who they admit, and who works for them, based on their religious tenets.

[cyborg]

I'm sure an enterprising attorney can find that out if he/she wanted to.