Appeals Court Strikes Down Hawaiians-Only Admissions Policy at Kamehameha Schools

AP ^ | AP-ES-08-02-05 1545EDT

[TheOtherOne]

Appeals Court Strikes Down Hawaiians-Only Admissions Policy at Kamehameha Schools
The Associated Press
Published: Aug 2, 2005 HONOLULU (AP) - A federal appeals court Tuesday struck down the exclusive Kamehameha Schools' policy of admitting only native Hawaiians.

A panel of the 9th U.S. Circuit of Appeals ruled 2-1 that the practice at the private school violates a federal law against racial discrimination in the making and enforcing of contracts.

The case was brought by an unidentified non-Hawaiian student who was turned down for admission in 2003.

The Kamehameha Schools were established under the 1884 will of a Hawaiian princess to educate "the children of Hawaii." Admission is highly prized in Hawaii, both for the quality of education and the relatively low cost.

About 5,100 Hawaiian and part-Hawaiian students from kindergarten through 12th grade attend the three campuses, which are partly funded by a trust now worth $6.2 billion.

The admission policy was created to remedy socio-economic and educational disadvantages suffered by Hawaiians as a result of the overthrow of the Hawaiian monarchy.

"I think it is a terrific decision," said John Goemans, an attorney for the boy. "It is a very big event for Hawaiian history."

The Kamehameha Schools had no immediate response to the ruling.

Goemans said that he expects the Kamehameha Schools to appeal to the U.S. Supreme Court but that he believes the high court will refuse to hear the case.

The appeals court reversed a 2003 by a federal judge who ruled that the Kamehameha Schools could continue the Hawaiians-only admissions policy because of its unique historical circumstances.

AP-ES-08-02-05 1545EDT

[fr_freak]

What if a group of people wanted top start up a private military school for men only? They could even name it "The Citadel" or "VMI" right? And they could exclude women?

In my world they could, even if those schools did receive some federal money. Of course, in my world our government adheres to the limits on the powers of the federal government as outlined in the Constitution. In the real world, the federal government sees no practical limit on their power, the judicial tyrants being the worst in this respect. As everyone should be well aware by now, there is not necessarily a correlation between what the Constitution says and the judicial rulings these days.

[Tarkin]

A panel of the 9th U.S. Circuit of Appeals

You may as well stop reading it at this point.

[Lorianne]

This is a PRIVATE school. They should be able to admit students based on any criteria they want.

[TheOtherOne]

This is a PRIVATE school. They should be able to admit students based on any criteria they want.

So you think schools and restaurants should still be able to segregate based on race? I don't, there are some minimum standards that are implicated when one is guaranteed rights under the Consitution.

[dfwgator]

So you are in favor of affirmative action giving preference to blacks? I am against any preference based on race or 'purity of one's blood'

If the schools are private, they should be able to admit anyone they choose. Should not Catholic schools only be allowed to admit Catholics? I think so, so what is the difference?

[dfwgator]

They hated white Americans with a passion.

Yes I remember "Kill Haole Day" when I lived there.

[Lorianne]

Yes they should be "able" to discriminate if they are PRIVATE institutions. I don't think they should, but I think they should be able if they want to discriminate.