Posted on 01/21/2007 8:57:34 AM PST by pabianice
its a private school that receives no federal funds according to their website. the private trust fund that funds the institution had as one of its tenets, hawaiian centric admissions. this is the correct decision as far as I can tell, unless someone posts some details otherwise.
Didn't know it was a private institution. In that case, they are allowed to do whatever they want.
Correct ruling; wrong reasons. A private institution should be left to do whatever it pleases. If you don't like their racist policies, then don't send your kids there.
true, the article above that talks about the lower court ruling - is messed up. but assuming this information is correct:
http://www.ksbe.edu/article.php?story=20061205113215671
"We took this case en banc to reconsider whether a Hawaiian private, non-profit K-12 school that receives no federal funds violates Section 1981 by preferring Native Hawaiians in its admissions policy"
I think this is the right decision.
That being said, courts have repeatedly said (erroneously, IMO) that the 14th amendment applies to places like private schools.
From their website, their school is:
Religious Affiliation: Kamehameha is a Christian, non-denominational Protestant school. Students are required to attend worship services, attend religious education classes and participate in special events, such as Founder's Day and Song Contest.
Besides the irony that their policy is really un-Christian, it's hard to argue that they're doing this because of the suffering of native Hawai'ian people, given that they're a Christian school taught in English.
I'm also given to understand that the whole preference is a joke. They have a one-drop rule and the "preference" amounts to a few slots. If I had to guess, this rule is designed either to get dumb kids of politicians in the school or is the last ditch effort of race pimps who have infiltrated the school.
The Ninth Circus is very principled. Their principle is that the libs always win.
I'm sure there is some sort of state action--maybe a state subsidy, or something. Otherwise, there is no issue.
This ruling makes sense. The school was set up by the Bernice Pauahi Bishop Estate, with her designating native Hawaiians as the beneficiaries. I don't think it would be right for the government to alter the wishes of anyone's estate or trusts.
It is a VERY good school. In fact, I believe it is ranked as the top school academically in Hawaii.
Another island exception? I guess they took the lead from Nancy.
While not receiving federal funds is one thing do you think the fact that Kamehameha is tax exempt should color this at all?
Regards.
here is the decision:
http://www.ksbe.edu/pdf/doe_decision_20061205.pdf
it appears that courts have ruled that "tuition" is a contract between two entities (student, school) and that racial discrimination is prohibited in contracts. hence, private schools that charge tuition, cannot have racial preference. part of the dissent is based on this; that if the school were tuition free, it would be fine. this is a weak argument in my opinion - that tuition implies a contract exists.
plenty of institutions that qualify as 501c3s, have race preferential policies. tell me, what is the "united negro college fund"? is that unconstitutional? of course not.
Nah, I think that's right. It does imply a contract.
I think the key here though is that they are not suing for a violation of Constitutional rights, so state action is irrelevant. They are suing for a violation of the Civil Rights Act of 1866. Even if they win, Congress can change that. I wonder if Congress would, though.
There is also the question of whether a Congressional enactment can regulate purely intrastate commerce. I'm not sure that anyone has raised that, though.
Correction: The statute was enacted under the 13th Amendment, so interstate commerce is irrelevant. To me it's a question of statutory interpretation. Does the statute prohibit this, or does it not?
And if it does, then Congress can still change the statute to make an exception.
This is a private school. So I have to agree.
Now, if only we were consistent about PRIVATE institutions.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.