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.

[July 4th]

Yup...that's correct. Unless the trust in Hawaii got their tax exemption along with some stipulation that they can't discriminate, the tax exemption doesn't mean anything.

[Walkingfeather]

Speaking as a totally ignorant person. It might fall under the boy scout ruling that said .....we can choose who we want to assemble with. No different if the KKK set up a private school that had tax exempt status. Im just guessing though.

[longtermmemmory]

Not at all. I just want to know how private is private. It is a genuine private school or is it a private school started with public money. The articles does not give enough information.

[gcruse]

Since the suit was based on violation of federal law, rather than state, and they receive no federal funds, I can see the ruling coming as it did.

[af_vet_rr]

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.

It is to many of us - the federal government should not be involved in things such as this.