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9th Circuit Upholds School Segregation in Hawaii
Fox News | 1/20/07

Posted on 01/21/2007 8:57:34 AM PST by pabianice

Breaking on Fox News... a panel of 15 judges on the 9th Circuit Court of Appeals has ruled 8-7 that Hawaii's Kamehameha School may give students with Hawaiian ancestry preference for admission. This overturns a three judge panel of the court first ruling that this is unconstitutional. Hawaiian legislators were shown arguing that "Hawaii is unique" and requires this sort of reverse racism "to right past wrongs." Fox indicates that this is almost certain to be appealed to SCOTUS.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: hawaii; kamehameha
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To: oceanview
Kamehameha Schools

Federal judge upholds Hawaiians-only school

Appears to be.

21 posted on 01/21/2007 9:20:32 AM PST by TADSLOS (Iran is in the IED exporting business. Time to shut them down.)
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To: Lancey Howard

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.


22 posted on 01/21/2007 9:25:47 AM PST by oceanview
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To: oceanview
its a private school that receives no federal funds according to their website.

Didn't know it was a private institution. In that case, they are allowed to do whatever they want.

23 posted on 01/21/2007 9:28:22 AM PST by ContraryMary (New Jersey -- Superfund cleanup capital of the U.S.A.)
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To: pabianice

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.


24 posted on 01/21/2007 9:28:28 AM PST by Redcloak ("Shooting makes me feel better!" -Aeryn Sun)
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To: Redcloak

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.


25 posted on 01/21/2007 9:31:53 AM PST by oceanview
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To: pabianice
This is a private school as far as I can tell and I think that private schools, by the nature of being private, should be free to have any admissions policy they like. It might not be pretty, but that's what "free association" means to me.

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.

26 posted on 01/21/2007 9:36:53 AM PST by AmishDude (It doesn't matter whom you vote for. It matters who takes office.)
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To: pabianice

The Ninth Circus is very principled. Their principle is that the libs always win.


27 posted on 01/21/2007 9:37:16 AM PST by Brilliant
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To: Redcloak

I'm sure there is some sort of state action--maybe a state subsidy, or something. Otherwise, there is no issue.


28 posted on 01/21/2007 9:38:50 AM PST by Brilliant
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To: pabianice
What are they teaching in that school that would be useful to an individual trying to get ahead in the 21st century? Hula dancing and a language of extremely limited usefulness. I haven't heard anyone describe its academic rigor, nor have I heard that it is producing exceptional mathematicians or scientists. It is preparing children to work at traditional luaus put on for tourists. There's a career move. Why would anyone in their right mind want to send their kids there?
29 posted on 01/21/2007 9:39:35 AM PST by 3AngelaD (ic.)
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To: pabianice

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.


30 posted on 01/21/2007 9:40:34 AM PST by KJC1 (Right when you think you're really good is when you need to pay the most attention)
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To: 3AngelaD

It is a VERY good school. In fact, I believe it is ranked as the top school academically in Hawaii.


31 posted on 01/21/2007 9:42:09 AM PST by KJC1 (Right when you think you're really good is when you need to pay the most attention)
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To: pabianice

Another island exception? I guess they took the lead from Nancy.


32 posted on 01/21/2007 9:44:25 AM PST by NonValueAdded (Pelosi, the call was for Comity, not Comedy. But thanks for the laughs. StarKisses, NVA.)
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To: oceanview
its a private school that receives no federal funds according to their website.

While not receiving federal funds is one thing do you think the fact that Kamehameha is tax exempt should color this at all?

Regards.

33 posted on 01/21/2007 9:45:45 AM PST by ARE SOLE (Agents Ramos and Campean are in prison at this very moment.)
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To: Brilliant

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.


34 posted on 01/21/2007 9:50:09 AM PST by oceanview
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To: ARE SOLE

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.


35 posted on 01/21/2007 9:54:54 AM PST by oceanview
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To: oceanview

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.


36 posted on 01/21/2007 9:58:07 AM PST by Brilliant
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To: oceanview
We will never know will we? Now if there was a United Caucasian college fund I am sure we would find out quickly.


Regards.
37 posted on 01/21/2007 9:59:50 AM PST by ARE SOLE (Agents Ramos and Campean are in prison at this very moment.)
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To: oceanview

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.


38 posted on 01/21/2007 10:02:03 AM PST by Brilliant
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To: pabianice

This is a private school. So I have to agree.
Now, if only we were consistent about PRIVATE institutions.


39 posted on 01/21/2007 10:21:55 AM PST by Lorianne
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To: stm
They don't call it the "Ninth Circus" for nothing.

I like what Savage calls it, "The ninth jerk-it court of schlemiels".
40 posted on 01/21/2007 10:22:21 AM PST by Signalman
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